In re: Elysium Health-Chromadex Litigation
Counter Defendant: Elysium Health, Inc. and ChromaDex, Inc.
Case Number: 1:2017cv07394
Filed: September 27, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Valerie E Caproni
Referring Judge: Lewis J Liman
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. § 1125 (a) False representation of goods sold in interstate commerce
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 26, 2022 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #355 Notice of Appeal. (tp)
May 26, 2022 Opinion or Order Appeal Fee Paid electronically via Pay.gov: for #355 Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-26196402, paid on 5/25/2025. (tp)
May 26, 2022 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #355 Notice of Appeal filed by ChromaDex, Inc. were transmitted to the U.S. Court of Appeals. (tp)
May 25, 2022 Opinion or Order Filing 355 NOTICE OF APPEAL from #302 Memorandum & Opinion,, #301 Memorandum & Opinion. Document filed by ChromaDex, Inc.. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Tuffaha, Joedat)
May 25, 2022 Opinion or Order Filing 354 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF CROSS APPEAL. Document filed by ChromaDex, Inc.. Filing fee $ 505.00, receipt number ANYSDC-26196402. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Tuffaha, Joedat) Modified on 5/25/2022 (tp).
May 25, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Joedat Tuffaha to RE-FILE Document No. #354 Notice of Cross Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp)
May 24, 2022 Opinion or Order Filing 353 NOTICE OF APPEARANCE by Kate Elizabeth Cassidy on behalf of ChromaDex, Inc...(Cassidy, Kate)
May 11, 2022 Opinion or Order Filing 352 NOTICE OF APPEAL from #351 Order of Dismissal,. Document filed by Elysium Health, Inc.. Filing fee $ 505.00, receipt number ANYSDC-26130405. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Whitney, Craig)
May 11, 2022 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #352 Notice of Appeal. (tp)
May 11, 2022 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #352 Notice of Appeal filed by Elysium Health, Inc. were transmitted to the U.S. Court of Appeals. (tp)
April 29, 2022 Opinion or Order NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only..(rdz)
April 28, 2022 Opinion or Order Filing 351 ORDER: Pursuant to the Court's Opinion and Order at Dkt. No. 349, all remaining claims and counterclaims in this case are DISMISSED with prejudice. The Clerk of Court is respectfully directed to close the case. Any pending motions are dismissed as moot, and all conferences and deadlines are canceled. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/28/2022) (vfr)
April 28, 2022 Opinion or Order Terminate Transcript Deadlines (vfr)
April 26, 2022 Opinion or Order Filing 350 JOINT LETTER addressed to Judge Lewis J. Liman from Omar H. Tuffaha dated 4/26/2022 re: the Court's 4/19/2022 Opinion and Order. Document filed by ChromaDex, Inc.. (Attachments: #1 Ex. A, #2 Ex. B).(Tuffaha, Omar)
April 19, 2022 Opinion or Order Filing 349 OPINION AND ORDER re: #303 MOTION for Settlement Enforcement filed by ChromaDex, Inc. The motion to enforce the settlement is GRANTED. The Clerk of Court is respectfully directed to close Dkt. No. 303. The parties are directed to file a notice of dismissal on the docket, in accordance with the settlement terms, by April 26, 2022. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/19/2022) (vfr)
March 13, 2022 Opinion or Order Filing 348 REDACTION by ChromaDex, Inc. (Attachments: #1 Ex. 3 to the Declaration of Joe H. Tuffaha in Support of ChromaDex's Motion for Summary Judgment ("MSJ Decl."), #2 Ex. 4 to the MSJ Decl., #3 Ex. 8 to the MSJ Decl. (redacted), #4 Ex. 11 to the MSJ Decl., #5 Ex. 12 to the MSJ Decl., #6 Ex. 19 to the MSJ Decl., #7 Ex. 20 to the MSJ Decl., #8 Ex. 21 to the MSJ Decl., #9 Ex. 24 to the MSJ Decl., #10 Ex. 26 to the MSJ Decl., #11 Ex. 27 to the MSJ Decl., #12 Ex. 29 to the MSJ Decl., #13 Ex. 30 to the MSJ Decl., #14 Joint Rule 56.1 Statement of Facts (redacted), #15 ChromaDex's Reply to Elysium's 56.1 Response (redacted), #16 ChromaDex's Memorandum of Law in Opposition to Elysium's Motion for Summary Judgment, #17 ChromaDex's Responses and Objections to Elysium's Rule 56.1 Statement (redacted), #18 Ex. 1 to the Declaration of Joe H. Tuffaha in Opposition to Elysium's Motion for Summary Judgment ("MSJ Opp Decl."), #19 Ex. 4 to the MSJ Opp Decl. (redacted), #20 Ex. 5 to the MSJ Opp Decl., #21 Ex. 6 to the MSJ Opp Decl., #22 Ex. 7 to the MSJ Opp Decl. (redacted), #23 Ex. 8 to the MSJ Opp Decl. (redacted), #24 Ex. 9 to the MSJ Opp Decl. (redacted), #25 Ex. 10 to the MSJ Opp Decl., #26 Ex. 11 to the MSJ Opp Decl., #27 Ex. 12 to the MSJ Opp Decl., #28 Ex. 13 to the MSJ Opp Decl. (redacted), #29 Ex. 14 to the MSJ Opp Decl. (redacted), #30 Ex. 15 to the MSJ Opp Decl., #31 Ex. 16 to the MSJ Opp Decl., #32 Ex. 18 to the MSJ Opp Decl. (redacted), #33 Ex. 20 to the MSJ Opp Decl., #34 Ex. 23 to the MSJ Opp Decl. (redacted), #35 Ex. 24 to the MSJ Opp Decl., #36 Ex. 26 to the MSJ Opp Decl., #37 Ex. 27 to the MSJ Opp Decl. (redacted), #38 Ex. 30 to the MSJ Opp Decl. (redacted), #39 Ex. 33 to the MSJ Opp Decl. (redacted), #40 Ex. 34 to the MSJ Opp Decl., #41 Ex. 35 to the MSJ Opp Decl., #42 Ex. D to the Declaration of Joe H. Tuffaha in Support of ChromaDex's Motion to Exclude and/or Strike Expert Testimony ("Daubert Decl."), #43 Ex. E to the Daubert Decl. (redacted), #44 Ex. F to the Daubert Decl., #45 Ex. I to the Daubert Decl., #46 Ex. A to the Declaration of Joe H. Tuffaha in Opposition to Elysium's Motion to Exclude Expert Testimonies ("Daubert Opp Decl."), #47 Ex. B to the Daubert Opp Decl., #48 Ex. D to the Daubert Opp Decl., #49 Ex. E to the Daubert Opp Decl., #50 Ex. F to the Daubert Opp Decl., #51 Ex. G to the Daubert Opp Decl., #52 Ex. H to the Daubert Opp Decl.).(Tuffaha, Omar)
March 11, 2022 Opinion or Order Filing 347 NOTICE of Unredacted Exhibit S to Declaration of Tiffany Caterina in Opposition to Motion to Preclude re: #240 Declaration in Opposition to Motion,. Document filed by Elysium Health, Inc...(Caterina, Tiffany)
March 11, 2022 Opinion or Order Filing 346 NOTICE of Unredacted Reply Memorandum of Law in Support of Motion for Summary Judgment re: #273 Reply Memorandum of Law in Support of Motion. Document filed by Elysium Health, Inc...(Whitney, Craig)
March 11, 2022 Opinion or Order Filing 345 NOTICE of Unredacted Reply Memorandum of Law in Support of Motion in Limine re: #265 Reply Memorandum of Law in Support of Motion. Document filed by Elysium Health, Inc...(Whitney, Craig)
March 11, 2022 Opinion or Order Filing 344 NOTICE of Unredacted Declaration of Dr. Ryan Dellinger in Opposition to Motion for Summary Judgment re: #252 Declaration in Opposition to Motion,. Document filed by Elysium Health, Inc...(Whitney, Craig)
March 11, 2022 Opinion or Order Filing 343 NOTICE of Unredacted Memorandum of Law in Opposition to Motion for Summary Judgment re: #250 Memorandum of Law in Opposition to Motion,. Document filed by Elysium Health, Inc...(Whitney, Craig)
March 11, 2022 Opinion or Order Filing 342 NOTICE of Unredacted Response to Rule 56.1 Statement re: #249 Response. Document filed by Elysium Health, Inc...(Whitney, Craig)
March 11, 2022 Opinion or Order Filing 341 NOTICE of Unredacted Declaration of Marguerite M. Brackley, M.D. in Support of Motion for Summary Judgment re: #226 Declaration in Support of Motion,. Document filed by Elysium Health, Inc...(Whitney, Craig)
March 11, 2022 Opinion or Order Filing 340 NOTICE of Unredacted Declaration of Dan Alminana in Support of Motion for Summary Judgment re: #225 Declaration in Support of Motion,. Document filed by Elysium Health, Inc...(Whitney, Craig)
March 11, 2022 Opinion or Order Filing 339 NOTICE of Unredacted Declaration of Colin Weir in Support of Motion for Summary Judgment re: #224 Declaration in Support of Motion,. Document filed by Elysium Health, Inc...(Whitney, Craig)
March 11, 2022 Opinion or Order Filing 338 NOTICE of Unredacted Memorandum of Law in Support of Motion for Summary Judgment re: #222 Memorandum of Law in Support of Motion. Document filed by Elysium Health, Inc...(Whitney, Craig)
March 11, 2022 Opinion or Order Filing 337 NOTICE of Unredacted Exhibits PPP, TTT and VVV to Reply Affirmation of Tiffany Caterina in Support of Motion for Summary Judgment re: #274 Reply Affirmation in Support of Motion,. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit TTT, #2 Exhibit VVV).(Caterina, Tiffany)
March 11, 2022 Opinion or Order Filing 336 NOTICE of Unredacted Exhibits V, W, X and Y to Reply Affirmation of Tiffany Caterina in Support of Motion in Limine re: #266 Reply Affirmation in Support of Motion,. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit W, #2 Exhibit X, #3 Exhibit Y).(Caterina, Tiffany)
March 11, 2022 Opinion or Order Filing 335 NOTICE of Unredacted Exhibits JJ, MM, NN, OO, PP, TT, DDD and EEE to Declaration of Tiffany Caterina in Opposition to Motion for Summary Judgment re: #251 Declaration in Opposition to Motion,,. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit MM, #2 Exhibit NN, #3 Exhibit OO, #4 Exhibit PP, #5 Exhibit TT, #6 Exhibit DDD, #7 Exhibit EEE).(Caterina, Tiffany)
March 11, 2022 Opinion or Order Filing 334 NOTICE of Unredacted Exhibits C and D to the Declaration of Mark Morris in Support of Motion for Summary Judgment re: #227 Declaration in Support of Motion,. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit C (Part 2), #2 Exhibit D).(Caterina, Tiffany)
March 11, 2022 Opinion or Order Filing 333 NOTICE of Unredacted Exhibits A, B, D, H, I, J, K, M, N, O, U, V, W, X, Z, AA and HH to Declaration of Tiffany Caterina in Support of Motion for Summary Judgment re: #223 Declaration in Support of Motion,,. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit B, #2 Exhibit D, #3 Exhibit H (Part 1), #4 Exhibit H (Part 2), #5 Exhibit I, #6 Exhibit J, #7 Exhibit K, #8 Exhibit M, #9 Exhibit N, #10 Exhibit O, #11 Exhibit U, #12 Exhibit V, #13 Exhibit W, #14 Exhibit X, #15 Exhibit Z, #16 Exhibit AA, #17 Exhibit HH).(Caterina, Tiffany)
March 11, 2022 Opinion or Order Filing 332 NOTICE of Unredacted Exhibits B, G, H, I, J, O and P to Declaration of Tiffany Caterina in Support of Motion in Limine re: #209 Declaration in Support of Motion,. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit G, #2 Exhibit H, #3 Exhibit I, #4 Exhibit J, #5 Exhibit O, #6 Exhibit P).(Caterina, Tiffany)
March 11, 2022 Opinion or Order Filing 331 NOTICE of Unredacted Motion in Limine re: #197 MOTION in Limine .. Document filed by Elysium Health, Inc...(Whitney, Craig)
March 11, 2022 Opinion or Order Filing 330 REDACTION Exhibit UUU to Reply Affirmation of Tiffany Caterina in Support of Motion for Summary Judgment by Elysium Health, Inc..(Caterina, Tiffany)
March 11, 2022 Opinion or Order Filing 329 REDACTION Exhibit YY to Declaration of Tiffany Caterina in Opposition to Motion for Summary Judgment by Elysium Health, Inc..(Caterina, Tiffany)
March 11, 2022 Opinion or Order Filing 328 REDACTION Exhibit XX to Declaration of Tiffany Caterina in Opposition to Motion for Summary Judgment by Elysium Health, Inc..(Caterina, Tiffany)
March 11, 2022 Opinion or Order Filing 327 REDACTION Exhibit SS to Declaration of Tiffany Caterina in Support of Motion for Summary Judgment by Elysium Health, Inc..(Caterina, Tiffany)
March 11, 2022 Opinion or Order Filing 326 REDACTION Exhibit B to Declaration of Mark Morris in Support of Motion for Summary Judgment by Elysium Health, Inc..(Caterina, Tiffany)
March 11, 2022 Opinion or Order Filing 325 REDACTION Exhibit A to Declaration of Mark Morris in Support of Motion for Summary Judgment by Elysium Health, Inc..(Caterina, Tiffany)
March 11, 2022 Opinion or Order Filing 324 REDACTION Declaration of Mark Morris in Support of Motion for Summary Judgment by Elysium Health, Inc..(Caterina, Tiffany)
March 11, 2022 Opinion or Order Filing 323 REDACTION Exhibit II to Declaration of Tiffany Caterina in Support of Motion for Summary Judgment by Elysium Health, Inc..(Caterina, Tiffany)
March 10, 2022 Opinion or Order Filing 322 REDACTION Exhibit CC to Declaration of Tiffany Caterina in Support of Motion for Summary Judgment by Elysium Health, Inc..(Caterina, Tiffany)
March 10, 2022 Opinion or Order Filing 321 REDACTION Exhibit BB to Declaration of Tiffany Caterina in Support of Motion for Summary Judgment by Elysium Health, Inc..(Caterina, Tiffany)
March 10, 2022 Opinion or Order Filing 320 REDACTION Exhibit L to Declaration of Tiffany Caterina in Support of Motion in Limine by Elysium Health, Inc..(Caterina, Tiffany)
March 10, 2022 Opinion or Order Filing 319 REDACTION Exhibit A to Declaration of Tiffanay Caterina in Support of Motion in Limine by Elysium Health, Inc..(Caterina, Tiffany)
March 9, 2022 Opinion or Order Filing 318 DECLARATION of William Carter (Supplemental) in Support re: #303 MOTION for Settlement Enforcement.. Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
March 9, 2022 Opinion or Order Filing 317 REPLY MEMORANDUM OF LAW in Support re: #303 MOTION for Settlement Enforcement. . Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
March 3, 2022 Opinion or Order Filing 316 ORDER granting in part and denying in part #200 Letter Motion to Seal; granting in part and denying in part #202 Letter Motion to Seal; granting in part and denying in part #207 Letter Motion to Seal; granting in part and denying in part #220 Letter Motion to Seal; granting in part and denying in part #231 Letter Motion to Seal; granting in part and denying in part #238 Letter Motion to Seal; granting in part and denying in part #241 Letter Motion to Seal; granting in part and denying in part #248 Letter Motion to Seal; granting in part and denying in part #259 Letter Motion to Seal; granting in part and denying in part #261 Letter Motion to Seal; granting in part and denying in part #264 Letter Motion to Seal; granting in part and denying in part #271 Letter Motion to Seal; granting in part and denying in part #292 Letter Motion to Seal. The letter motions to seal at Dkt. Nos. 200, 202, 207, 220, 231, 238, 241, 248, 259, 261, 264, 271, and 292 are granted in part and denied in part, as modified by the parties' joint letter at Dkt. No. 313 and subject to potential reconsideration and unsealing by the Court when and if this case proceeds to trial. (As further set forth herein.) The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 200, 202, 207, 220, 231, 238, 241, 248, 259, 261, 264, 271, and 292. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/3/2022) (va)
March 2, 2022 Opinion or Order Filing 315 MEMORANDUM OF LAW in Opposition re: #303 MOTION for Settlement Enforcement. . Document filed by Elysium Health, Inc...(Whitney, Craig)
March 2, 2022 Opinion or Order Filing 314 DECLARATION of Thomas E. Wilhelm, Ph.D. in Opposition re: #303 MOTION for Settlement Enforcement.. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Whitney, Craig)
March 1, 2022 Opinion or Order Filing 313 ***SELECTED PARTIES*** LETTER addressed to Judge Lewis J. Liman from Tiffany R. Caterina dated March 1, 2022 re: Sealing Exhibits. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Motion or Order to File Under Seal: #309 .(Caterina, Tiffany)
February 25, 2022 Opinion or Order Filing 312 INTERNET CITATION NOTE: Material from decision with Internet citation re: #300 Order. (sjo)
February 25, 2022 Opinion or Order Filing 311 INTERNET CITATION NOTE: Material from decision with Internet citation re: #300 Order. (sjo)
February 24, 2022 Opinion or Order Filing 310 INTERNET CITATION NOTE: Material from decision with Internet citation re: #300 Order. (sjo)
February 22, 2022 Opinion or Order Filing 309 ORDER: Accordingly, the Court directs the parties to resubmit the letter by March 1, 2022, identifying with specificity which portions of the depositions or other exhibits should remain under seal and the basis for those requests. In the absence of such detailed request for sealing, identifying the particular items that should remain under seal and why, the Court shall deny the request for sealing in its entirety and shall place the material on the public docket. So Ordered. (Signed by Judge Lewis J. Liman on 2/22/2022) (js)
February 21, 2022 Opinion or Order Filing 308 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/10/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:17-cv-07394-LJL, 1:17-cv-08239-VEC.(Moya, Goretti)
February 21, 2022 Opinion or Order Filing 307 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/10/2022 before Judge Lewis J. Liman. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2022. Redacted Transcript Deadline set for 3/24/2022. Release of Transcript Restriction set for 5/23/2022.Filed In Associated Cases: 1:17-cv-07394-LJL, 1:17-cv-08239-VEC.(Moya, Goretti)
February 18, 2022 Opinion or Order Filing 306 JOINT LETTER addressed to Judge Lewis J. Liman from Tiffany R. Caterina dated February 18, 2022 re: Sealed Documents. Document filed by Elysium Health, Inc...(Caterina, Tiffany)
February 16, 2022 Opinion or Order Filing 305 DECLARATION of William Carter in Support re: #303 MOTION for Settlement Enforcement.. Document filed by ChromaDex, Inc.. (Attachments: #1 Exhibit Ex. A).(Tuffaha, Joedat)
February 16, 2022 Opinion or Order Filing 304 MEMORANDUM OF LAW in Support re: #303 MOTION for Settlement Enforcement. . Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
February 16, 2022 Opinion or Order Filing 303 MOTION for Settlement Enforcement. Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
February 11, 2022 Opinion or Order Filing 302 OPINION AND ORDER: The motions for summary judgment are each GRANTED IN PART and DENIED IN PART. Because the Court has granted summary judgment for Elysium on the injury element of ChromaDex's Lanham Act false advertising claim, ChromaDex's Complaint is dismissed in full. Elysium's Counterclaim survives in part; all counterclaims as to statements as to which the Court has granted ChromaDex's motion for summary judgment on the falsity element of Elysium's Lanham Act false advertising claim are dismissed. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/03/2022) (vfr) Modified on 2/11/2022 (vfr).
February 11, 2022 Opinion or Order Filing 301 OPINION AND ORDER: The Daubert motions are each GRANTED IN PART and DENIED IN PART. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/11/2022) (kv)
February 11, 2022 Opinion or Order Filing 300 ORDER: The parties have filed various motions for certain summary judgment and Daubert exhibits to be filed under seal, at Dkt. Nos. 200, 202, 207, 220, 231, 238, 241, 248, 259, 261, 264, 271, and 292. The Court has now held a hearing on the summary judgment motions and Daubert motions and issued two opinions. The parties are directed to review the exhibits against the standards set forth in Lugosh v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), and its progeny, and, by February 18, 2022, submit a joint letter listing the documents that should still be under seal with no more than one sentence for each exhibit for which confidentiality is sought explaining the basis for the request, addressing whether the information has been publicly disclosed, and addressing whether disclosure at the present time would continue to cause competitive or other serious harm. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/11/2022) (vfr)
February 10, 2022 Opinion or Order Filing 299 ***SELECTED PARTIES*** LETTER addressed to Judge Lewis J. Liman from Omar H. Tuffaha dated 2/10/2022 re: Proposed Redactions (highlighted). Document filed by Elysium Health, Inc., ChromaDex, Inc..Motion or Order to File Under Seal: #298 .(Tuffaha, Omar)
February 10, 2022 Opinion or Order Filing 298 LETTER addressed to Judge Lewis J. Liman from Omar H. Tuffaha dated 2/10/2022 re: Proposed Redactions. Document filed by ChromaDex, Inc...(Tuffaha, Omar)
February 3, 2022 Opinion or Order Filing 297 ***SELECTED PARTIES*** OPINION AND ORDER: re: #199 MOTION to Preclude Expert Opinions of Brian Sowers and Colin Weir filed by ChromaDex, Inc., #197 MOTION in Limine filed by Elysium Health, Inc. The Daubert motions are each GRANTED IN PART and DENIED IN PART. The Clerk of Court is respectfully directed to close Dkt. Nos. 197 and 199. For reasons explained in an accompanying Order, this Opinion and Order will be filed temporarily under seal until the Court can review any redactions the parties propose. The Clerk of Court is respectfully directed to file this Opinion and Order under seal, viewable only to the Court and the parties to this action. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/03/2022) (ama)
February 3, 2022 Opinion or Order Filing 296 ***SELECTED PARTIES*** OPINION AND ORDER: re: #203 MOTION for Summary Judgment filed by Elysium Health, Inc., #204 MOTION for Summary Judgment or, In the Alternative, Partial Summary Judgment filed by Elysium Health, Inc., ChromaDex, Inc. The motions for summary judgment are each GRANTED IN PART and DENIED IN PART. Because the Court has granted summary judgment for Elysium on the injury element of ChromaDex's Lanham Act false advertising claim, ChromaDex's Complaint is dismissed in full. Elysium's Counterclaim survives in part; all counterclaims as to statements as to which the Court has granted ChromaDex's motion for summary judgment on the falsity element of Elysium'sLanham Act false advertising claim are dismissed. The Clerk of Court is respectfully directed to close Dkt. Nos. 203 and 204. For reasons explained in an accompanying Order, this Opinion and Order will be filed temporarily under seal until the Court can review any redactions the parties propose. The Clerk of Court is respectfully directed to file this Opinion and Order under seal, viewable only to the Court and the parties to this action. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/03/2022) (ama)
February 3, 2022 Opinion or Order Filing 295 ORDER: For the reasons stated in the Opinions filed by the Court today, the parties' motions for summary judgment and Daubert motions are each GRANTED IN PART and DENIED IN PART. In order to preserve the ability of the parties to move the Court for redactions from the Opinions, the Opinions are temporarily filed under seal. The parties shall meet and confer with respect to potential redactions and within one week of the date of this Order, i.e., by February 10, 2022, the parties shall file any proposed redactions pursuant to the Court's Individual Practices. The Court will rule on any outstanding motions to seal at the same time it rules on any proposed redactions to the Opinions. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/03/2022) (ama)
January 10, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lewis J. Liman: Oral Argument held on 1/10/2022 re: #203 MOTION for Summary Judgment filed by Elysium Health, Inc., and #204 / #278 MOTION for Summary Judgment or, In the Alternative, Partial Summary Judgment filed by ChromaDex, Inc. Craig Whitney and Tiffany Caterina present for Elysium Health, Inc. Joedat Tuffaha, Omar Tuffaha, and Prashanth Chennakesavan present for ChromaDex, Inc. Court reporter present. The Court heard argument from both parties regarding the pending motions for summary judgment. Argument taken under submission, decision reserved by the Court. Parties directed to order a copy of the transcript of the hearing on an expedited basis. (mf)
December 8, 2021 Opinion or Order Filing 294 ORDER: The Court will hear Oral Argument from parties on the pending summary judgment motions on January 10, 2022 at 2:00PM. The hearing will be held in-person in Courtroom 15C at the 500 Pearl Street Courthouse. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf)
December 8, 2021 Opinion or Order Set/Reset Hearings: Oral Argument set for 1/10/2022 at 02:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (mf)
September 17, 2021 Opinion or Order Filing 293 ***SELECTED PARTIES***REDACTION (Proposed Redactions per #292 Letter-Motion to Seal) by ChromaDex, Inc., Elysium Health, Inc. (Attachments: #1 Attachment 1 (public redacted version at [277-4]), #2 Attachment 2 (public redacted version at [277-5]), #3 Attachment 3 (public redacted version at [280-6]), #4 Attachment 3 (public redacted version at [280-9]), #5 Attachment 5 (public redacted version at #282 ), #6 Attachment 6 (public redacted version at #285 ), #7 Attachment 7 (public redacted version at #286 ), #8 Attachment 8 (public redacted version at [287-3]), #9 Attachment 9 (public redacted version at [287-8]), #10 Attachment 10 (public redacted version at [287-12]), #11 Attachment 11 (public redacted version at [287-15]), #12 Attachment 12 (public redacted version at #291 ))Motion or Order to File Under Seal: #292 .(Tuffaha, Omar)
September 17, 2021 Opinion or Order Filing 292 LETTER MOTION to Seal and letter regarding public filing of documents previously filed provisionally under seal addressed to Judge Lewis J. Liman from Omar H. Tuffaha dated 9/17/2021. Document filed by ChromaDex, Inc...(Tuffaha, Omar)
September 17, 2021 Opinion or Order Filing 291 REPLY /Response to Elysium's 56.1 Response and Additional Statement of Facts [Redacted] (previously filed provisionally under seal at #263 ). Document filed by ChromaDex, Inc...(Tuffaha, Omar)
September 17, 2021 Opinion or Order Filing 290 REPLY MEMORANDUM OF LAW in Support re: #204 MOTION for Summary Judgment or, In the Alternative, Partial Summary Judgment. (previously filed provisionally under seal at #262 ). Document filed by ChromaDex, Inc...(Tuffaha, Omar)
September 17, 2021 Opinion or Order Filing 289 REPLY MEMORANDUM OF LAW in Support re: #199 MOTION to Preclude Expert Opinions of Brian Sowers and Colin Weir. (previously filed provisionally under seal at #260 ). Document filed by ChromaDex, Inc...(Tuffaha, Omar)
September 17, 2021 Opinion or Order Filing 288 DECLARATION of Bruce Isaacson (previously filed provisionally under seal at #233 ) in Opposition re: #197 MOTION in Limine .. Document filed by ChromaDex, Inc...(Tuffaha, Omar)
September 17, 2021 Opinion or Order Filing 287 DECLARATION of Joe H. Tuffaha (previously filed provisionally under seal at #257 ) in Opposition re: #203 MOTION for Summary Judgment .. Document filed by ChromaDex, Inc.. (Attachments: #1 Ex. 2 to the Tuffaha Decl. (previously filed provisionally under seal at [257-2]), #2 Ex. 3 to the Tuffaha Decl. (previously filed provisionally under seal at [257-3]), #3 Ex. 14 to the Tuffaha Decl. [REDACTED] (previously filed provisionally under seal at [257-14]), #4 Ex. 17 to the Tuffaha Decl. (previously filed provisionally under seal at [257-17]), #5 Ex. 19 to the Tuffaha Decl. (previously filed provisionally under seal at [257-19]), #6 Ex. 21 to the Tuffaha Decl. (previously filed provisionally under seal at [257-21]), #7 Ex. 22 to the Tuffaha Decl. (previously filed provisionally under seal at [257-22]), #8 Ex. 23 to the Tuffaha Decl. [REDACTED] (previously filed provisionally under seal at [257-23]), #9 Ex. 25 to the Tuffaha Decl. (previously filed provisionally under seal at [257-25]), #10 Ex. 28 to the Tuffaha Decl. (previously filed provisionally under seal at [257-28]), #11 Ex. 29 to the Tuffaha Decl. (previously filed provisionally under seal at [257-29]), #12 Ex. 30 to the Tuffaha Decl. [REDACTED] (previously filed provisionally under seal at [257-30]), #13 Ex. 31 to the Tuffaha Decl. (previously filed provisionally under seal at [257-31]), #14 Ex. 32 to the Tuffaha Decl. (previously filed provisionally under seal at [257-32]), #15 Ex. 33 to the Tuffaha Decl. [REDACTED] (previously filed provisionally under seal at [257-33]), #16 Ex. 36 to the Tuffaha Decl. (previously filed provisionally under seal at [257-36])).(Tuffaha, Omar)
September 17, 2021 Opinion or Order Filing 286 RESPONSE to Elysium Health Inc.'s Rule 56.1 Statement [Redacted] (previously filed provisionally under seal at #256 ). Document filed by ChromaDex, Inc...(Tuffaha, Omar)
September 17, 2021 Opinion or Order Filing 285 MEMORANDUM OF LAW in Opposition re: #203 MOTION for Summary Judgment . [Redacted] (previously filed provisionally under seal at #255 ). Document filed by ChromaDex, Inc...(Tuffaha, Omar)
September 17, 2021 Opinion or Order Filing 284 DECLARATION of Joe H. Tuffaha (previously filed provisionally under seal at #234 ) in Opposition re: #197 MOTION in Limine .. Document filed by ChromaDex, Inc.. (Attachments: #1 Ex. C to the Tuffaha Decl. (previously filed provisionally under seal at [234-3])).(Tuffaha, Omar)
September 17, 2021 Opinion or Order Filing 283 MEMORANDUM OF LAW in Opposition re: #197 MOTION in Limine . (previously filed provisionally under seal at #232 ). Document filed by ChromaDex, Inc...(Tuffaha, Omar)
September 17, 2021 Opinion or Order Filing 282 NOTICE of JOINT Rule 56.1 Statement of Facts [REDACTED] (previously filed provisionally under seal at [230-32]). Document filed by ChromaDex, Inc...(Tuffaha, Omar)
September 17, 2021 Opinion or Order Filing 281 RULE 56.1 STATEMENT. Document filed by ChromaDex, Inc...(Tuffaha, Omar)
September 17, 2021 Opinion or Order Filing 280 DECLARATION of Joe H. Tuffaha (previously filed provisionally under seal at #230 ) in Support re: #204 MOTION for Summary Judgment or, In the Alternative, Partial Summary Judgment.. Document filed by ChromaDex, Inc.. (Attachments: #1 Ex. 1 to the Tuffaha Decl. (previously filed provisionally under seal at [230-1]), #2 Ex. 2 to the Tuffaha Decl. (previously filed provisionally under seal at [230-2]), #3 Ex. 5 to the Tuffaha Decl. (previously filed provisionally under seal at [230-5]), #4 Ex. 6 to the Tuffaha Decl. (previously filed provisionally under seal at [230-6]), #5 Ex. 7 to the Tuffaha Decl. (previously filed provisionally under seal at [230-7]), #6 Ex. 8 to the Tuffaha Decl. [REDACTED] (previously filed provisionally under seal at [230-8]), #7 Ex. 9 to the Tuffaha Decl. (previously filed provisionally under seal at [230-9]), #8 Ex. 10 to the Tuffaha Decl. (previously filed provisionally under seal at [230-10]), #9 Ex. 11 to the Tuffaha Decl. [REDACTED] (previously filed provisionally under seal at [230-11]), #10 Ex. 13 to the Tuffaha Decl. (previously filed provisionally under seal at [230-13]), #11 Ex. 14 to the Tuffaha Decl. (previously filed provisionally under seal at [230-14]), #12 Ex. 15 to the Tuffaha Decl. (previously filed provisionally under seal at [230-15]), #13 Ex. 16 to the Tuffaha Decl. (previously filed provisionally under seal at [230-16]), #14 Ex. 17 to the Tuffaha Decl. (previously filed provisionally under seal at [230-17]), #15 Ex. 18 to the Tuffaha Decl. (previously filed provisionally under seal at [230-18]), #16 Ex. 22 to the Tuffaha Decl. (previously filed provisionally under seal at [230-22]), #17 Ex. 23 to the Tuffaha Decl. (previously filed provisionally under seal at [230-23]), #18 Ex. 25 to the Tuffaha Decl. (previously filed provisionally under seal at [230-25]), #19 Ex. 28 to the Tuffaha Decl. (previously filed provisionally under seal at [230-28])).(Tuffaha, Omar)
September 17, 2021 Opinion or Order Filing 279 MEMORANDUM OF LAW in Support re: #204 MOTION for Summary Judgment or, In the Alternative, Partial Summary Judgment. (previously filed provisionally under seal at #210 ). Document filed by ChromaDex, Inc...(Tuffaha, Omar)
September 17, 2021 Opinion or Order Filing 278 NOTICE of MOTION for Summary Judgment or, In the Alternative, Partial Summary Judgment (previously filed provisionally under seal at #204 ) re: #204 MOTION for Summary Judgment or, In the Alternative, Partial Summary Judgment.. Document filed by ChromaDex, Inc...(Tuffaha, Omar)
September 17, 2021 Opinion or Order Filing 277 DECLARATION of Joe H. Tuffaha (previously filed provisionally under seal at [201-1]) in Support re: #199 MOTION to Preclude Expert Opinions of Brian Sowers and Colin Weir.. Document filed by ChromaDex, Inc.. (Attachments: #1 Ex. A to the Tuffaha Decl. (previously filed provisionally under seal at [201-2]), #2 Ex. B to the Tuffaha Decl. (previously filed provisionally under seal at [201-3]), #3 Ex. C to the Tuffaha Decl. (previously filed provisionally under seal at [201-4]), #4 Ex. E to the Tuffaha Decl. [REDACTED] (previously filed provisionally under seal at [201-6]), #5 Ex. F to the Tuffaha Decl. [REDACTED] (previously filed provisionally under seal at [201-7]), #6 Ex. H to the Tuffaha Decl. (previously filed provisionally under seal at [201-9]), #7 Ex. J to the Tuffaha Decl. (previously filed provisionally under seal at [201-11])).(Tuffaha, Omar)
September 17, 2021 Opinion or Order Filing 276 MEMORANDUM OF LAW in Support re: #199 MOTION to Preclude Expert Opinions of Brian Sowers and Colin Weir. (previously filed provisionally under seal at #201 ). Document filed by ChromaDex, Inc...(Tuffaha, Omar)
August 19, 2021 Opinion or Order Filing 275 LETTER addressed to Judge Lewis J. Liman from Omar H. Tuffaha dated 8/19/2021 re: redaction/sealing. Document filed by ChromaDex, Inc...(Tuffaha, Omar)
July 10, 2021 Opinion or Order Filing 274 ***SELECTED PARTIES***REPLY AFFIRMATION of Tiffany Caterina in Support re: #203 MOTION for Summary Judgment .. Document filed by Elysium Health, Inc., ChromaDex, Inc.. (Attachments: #1 Exhibit PPP, #2 Exhibit TTT, #3 Exhibit UUU, #4 Exhibit VVV)Motion or Order to File Under Seal: #271 .(Caterina, Tiffany)
July 10, 2021 Opinion or Order Filing 273 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #203 MOTION for Summary Judgment . . Document filed by Elysium Health, Inc., ChromaDex, Inc.. Motion or Order to File Under Seal: #271 .(Whitney, Craig)
July 10, 2021 Opinion or Order Filing 272 ***SELECTED PARTIES*** REPLY re: #221 Rule 56.1 Statement . Document filed by Elysium Health, Inc., ChromaDex, Inc.. Motion or Order to File Under Seal: #271 .(Whitney, Craig)
July 10, 2021 Opinion or Order Filing 271 LETTER MOTION to Seal certain documents and/or portions of documents filed in Elysium's reply in support of Motion for Summary Judgment addressed to Judge Lewis J. Liman from Craig B. Whitney dated July 9, 2021. Document filed by Elysium Health, Inc...(Whitney, Craig)
July 10, 2021 Opinion or Order Filing 270 REPLY AFFIRMATION of Tiffany Caterina in Support re: #203 MOTION for Summary Judgment .. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit 000, #2 Exhibit PPP, #3 Exhibit QQQ, #4 Exhibit RRR, #5 Exhibit SSS, #6 Exhibit TTT, #7 Exhibit UUU, #8 Exhibit VVV, #9 Exhibit WWW (Part 1), #10 Exhibit WWW (Part 2), #11 Exhibit WWW (Part 3), #12 Exhibit WWW (Part 4)).(Caterina, Tiffany)
July 10, 2021 Opinion or Order Filing 269 REPLY MEMORANDUM OF LAW in Support re: #203 MOTION for Summary Judgment . (Redacted). Document filed by Elysium Health, Inc...(Whitney, Craig)
July 10, 2021 Opinion or Order Filing 268 REPLY AFFIRMATION of Tiffany Caterina in Support re: #197 MOTION in Limine .. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit V, #2 Exhibit W, #3 Exhibit X, #4 Exhibit Y).(Caterina, Tiffany)
July 10, 2021 Opinion or Order Filing 267 REPLY MEMORANDUM OF LAW in Support re: #197 MOTION in Limine . (Redacted). Document filed by Elysium Health, Inc...(Whitney, Craig)
July 10, 2021 Opinion or Order Filing 266 ***SELECTED PARTIES***REPLY AFFIRMATION of Tiffany Caterina in Support re: #197 MOTION in Limine .. Document filed by Elysium Health, Inc., ChromaDex, Inc.. (Attachments: #1 Exhibit V, #2 Exhibit W, #3 Exhibit X, #4 Exhibit Y)Motion or Order to File Under Seal: #264 .(Caterina, Tiffany)
July 10, 2021 Opinion or Order Filing 265 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #197 MOTION in Limine . . Document filed by Elysium Health, Inc., ChromaDex, Inc.. Motion or Order to File Under Seal: #264 .(Whitney, Craig)
July 10, 2021 Opinion or Order Filing 264 LETTER MOTION to Seal documents and/or portions of documents filed with Elysium's Reply to Motion to Exclude Expert Reports and Testimony addressed to Judge Lewis J. Liman from Craig B. Whitney dated July 9, 2021. Document filed by Elysium Health, Inc...(Whitney, Craig)
July 9, 2021 Opinion or Order Filing 263 ***SELECTED PARTIES*** REPLY /Response to Elysium's 56.1 Response and Additional Statement of Facts. Document filed by ChromaDex, Inc., Elysium Health, Inc.. Motion or Order to File Under Seal: #261 .(Tuffaha, Joedat)
July 9, 2021 Opinion or Order Filing 262 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #204 MOTION for Summary Judgment or, In the Alternative, Partial Summary Judgment. . Document filed by ChromaDex, Inc., Elysium Health, Inc.. Motion or Order to File Under Seal: #261 .(Tuffaha, Joedat)
July 9, 2021 Opinion or Order Filing 261 LETTER MOTION to Seal Documents Filed in Connection with ChromaDex's Reply in Support of its Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated 7/9/2021. Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
July 9, 2021 Opinion or Order Filing 260 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #199 MOTION to Preclude Expert Opinions of Brian Sowers and Colin Weir. . Document filed by ChromaDex, Inc., Elysium Health, Inc.. Motion or Order to File Under Seal: #259 .(Tuffaha, Joedat)
July 9, 2021 Opinion or Order Filing 259 LETTER MOTION to Seal Reply Memorandum of Law in Support of ChromaDex's Motion to Exclude Expert Opinions of Brian Sowers and Colin Weir addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated 7/9/2021. Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
June 29, 2021 Opinion or Order Filing 258 LETTER addressed to Judge Lewis J. Liman from Omar H. Tuffaha dated 6/29/2021 re: corrected filings. Document filed by ChromaDex, Inc...(Tuffaha, Omar)
June 29, 2021 Opinion or Order Filing 257 ***SELECTED PARTIES***DECLARATION of Joe H. Tuffaha [CORRECTED] in Opposition re: #203 MOTION for Summary Judgment .. Document filed by ChromaDex, Inc., Elysium Health, Inc.. (Attachments: #1 Ex. 1, #2 Ex. 2, #3 Ex. 3, #4 Ex. 4, #5 Ex. 5, #6 Ex. 6, #7 Ex. 7, #8 Ex. 8, #9 Ex. 9, #10 Ex. 10, #11 Ex. 11, #12 Ex. 12, #13 Ex. 13, #14 Ex. 14, #15 Ex. 15, #16 Ex. 16, #17 Ex. 17, #18 Ex. 18, #19 Ex. 19, #20 Ex. 20, #21 Ex. 21, #22 Ex. 22, #23 Ex. 23, #24 Ex. 24, #25 Ex. 25, #26 Ex. 26, #27 Ex. 27, #28 Ex. 28, #29 Ex. 29, #30 Ex. 30, #31 Ex. 31, #32 Ex. 32, #33 Ex. 33, #34 Ex. 34, #35 Ex. 35, #36 Ex. 36)Motion or Order to File Under Seal: #241 .(Tuffaha, Joedat)
June 29, 2021 Opinion or Order Filing 256 ***SELECTED PARTIES*** RESPONSE to Elysium Health Inc.'s Rule 56.1 Statement [CORRECTED]. Document filed by ChromaDex, Inc., Elysium Health, Inc.. (Attachments: #1 Ex. 1)Motion or Order to File Under Seal: #241 .(Tuffaha, Joedat)
June 29, 2021 Opinion or Order Filing 255 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #203 MOTION for Summary Judgment . [CORRECTED]. Document filed by ChromaDex, Inc., Elysium Health, Inc.. Motion or Order to File Under Seal: #241 .(Tuffaha, Joedat)
June 26, 2021 Opinion or Order Filing 254 ***SELECTED PARTIES***DECLARATION of Joe H. Tuffaha in Opposition re: #203 MOTION for Summary Judgment .. Document filed by ChromaDex, Inc., Elysium Health, Inc.. (Attachments: #1 Ex. 1, #2 Ex. 2, #3 Ex. 3, #4 Ex. 4, #5 Ex. 6, #6 Ex. 7, #7 Ex. 8, #8 Ex. 9, #9 Ex. 11, #10 Ex. 12, #11 Ex. 13, #12 Ex. 14, #13 Ex. 15, #14 Ex. 16, #15 Ex. 17, #16 Ex. 18, #17 Ex. 19, #18 Ex. 21, #19 Ex. 22, #20 Ex. 23, #21 Ex. 24, #22 Ex. 25, #23 Ex. 26, #24 Ex. 27)Motion or Order to File Under Seal: #241 .(Tuffaha, Joedat)
June 26, 2021 Opinion or Order Filing 253 ***SELECTED PARTIES*** RESPONSE to Motion re: #203 MOTION for Summary Judgment . Response to Elysium's 56.1 Statement. Document filed by ChromaDex, Inc., Elysium Health, Inc.. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #241 .(Tuffaha, Joedat)
June 25, 2021 Opinion or Order Filing 252 ***SELECTED PARTIES***DECLARATION of Dr. Ryan Dellinger in Opposition re: #204 MOTION for Summary Judgment or, In the Alternative, Partial Summary Judgment.. Document filed by Elysium Health, Inc., ChromaDex, Inc.. Motion or Order to File Under Seal: #248 .(Caterina, Tiffany)
June 25, 2021 Opinion or Order Filing 251 ***SELECTED PARTIES***DECLARATION of Tiffany Caterina in Opposition re: #204 MOTION for Summary Judgment or, In the Alternative, Partial Summary Judgment.. Document filed by Elysium Health, Inc., ChromaDex, Inc.. (Attachments: #1 Exhibit JJ, #2 Exhibit MM, #3 Exhibit NN, #4 Exhibit OO, #5 Exhibit PP, #6 Exhibit SS, #7 Exhibit TT, #8 Exhibit XX, #9 Exhibit YY, #10 Exhibit DDD, #11 Exhibit EEE)Motion or Order to File Under Seal: #248 .(Caterina, Tiffany)
June 25, 2021 Opinion or Order Filing 250 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #204 MOTION for Summary Judgment or, In the Alternative, Partial Summary Judgment. . Document filed by Elysium Health, Inc., ChromaDex, Inc.. Motion or Order to File Under Seal: #248 .(Whitney, Craig)
June 25, 2021 Opinion or Order Filing 249 ***SELECTED PARTIES*** RESPONSE to ChromaDex Inc.'s Rule 56.1 Statement. Document filed by Elysium Health, Inc., ChromaDex, Inc.. Motion or Order to File Under Seal: #248 .(Whitney, Craig)
June 25, 2021 Opinion or Order Filing 248 LETTER MOTION to Seal Elysium's Response to Rule 56.1 Statement, Brief in Opposition, Declaration of Tiffany Caterina in Opposition, Exhibits, and Declaration of Dr. Ryan Dellinger in Opposition addressed to Judge Lewis J. Liman from Craig B. Whitney dated June 25, 2021. Document filed by Elysium Health, Inc...(Whitney, Craig)
June 25, 2021 Opinion or Order Filing 247 DECLARATION of Brian M. Sowers in Opposition re: #204 MOTION for Summary Judgment or, In the Alternative, Partial Summary Judgment.. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit B).(Caterina, Tiffany)
June 25, 2021 Opinion or Order Filing 246 DECLARATION of Dr. Ryan Dellinger in Opposition re: #204 MOTION for Summary Judgment or, In the Alternative, Partial Summary Judgment.. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit G, #2 Exhibit H).(Caterina, Tiffany)
June 25, 2021 Opinion or Order Filing 245 DECLARATION of Tiffany Caterina in Opposition re: #204 MOTION for Summary Judgment or, In the Alternative, Partial Summary Judgment.. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit JJ, #2 Exhibit KK, #3 Exhibit LL, #4 Exhibit MM, #5 Exhibit NN, #6 Exhibit OO, #7 Exhibit PP, #8 Exhibit QQ, #9 Exhibit RR, #10 Exhibit SS, #11 Exhibit TT, #12 Exhibit UU, #13 Exhibit VV, #14 Exhibit WW, #15 Exhibit XX, #16 Exhibit YY, #17 Exhibit ZZ, #18 Exhibit AAA, #19 Exhibit BBB, #20 Exhibit CCC, #21 Exhibit DDD, #22 Exhibit EEE, #23 Exhibit FFF, #24 Exhibit GGG, #25 Exhibit HHH, #26 Exhibit III, #27 Exhibit JJJ, #28 Exhibit KKK, #29 Exhibit LLL, #30 Exhibit MMM, #31 Exhibit NNN (Part 1), #32 Exhibit NNN (Part 2)).(Caterina, Tiffany)
June 25, 2021 Opinion or Order Filing 244 MEMORANDUM OF LAW in Opposition re: #204 MOTION for Summary Judgment or, In the Alternative, Partial Summary Judgment. . Document filed by Elysium Health, Inc...(Whitney, Craig)
June 25, 2021 Opinion or Order Filing 243 RESPONSE to ChromaDex Inc.'s Rule 56.1 Statement. Document filed by Elysium Health, Inc...(Whitney, Craig)
June 25, 2021 Opinion or Order Filing 242 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #203 MOTION for Summary Judgment . . Document filed by ChromaDex, Inc., Elysium Health, Inc.. Motion or Order to File Under Seal: #241 .(Tuffaha, Joedat)
June 25, 2021 Opinion or Order Filing 241 LETTER MOTION to Seal ChromaDex's Opposition to Elysium's Motion for Summary Judgment addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated 06/25/2021. Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
June 25, 2021 Opinion or Order Filing 240 ***SELECTED PARTIES***DECLARATION of Tiffany Caterina in Opposition re: #199 MOTION to Preclude Expert Opinions of Brian Sowers and Colin Weir.. Document filed by Elysium Health, Inc., ChromaDex, Inc.. (Attachments: #1 Exhibit S)Motion or Order to File Under Seal: #238 .(Caterina, Tiffany)
June 25, 2021 Opinion or Order Filing 239 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #199 MOTION to Preclude Expert Opinions of Brian Sowers and Colin Weir. . Document filed by Elysium Health, Inc., ChromaDex, Inc.. Motion or Order to File Under Seal: #238 .(Whitney, Craig)
June 25, 2021 Opinion or Order Filing 238 LETTER MOTION to Seal Exhibit S to Declaration of Tiffany Caterina in Opposition and Elysium's Brief in Opposition addressed to Judge Lewis J. Liman from Craig B. Whitney dated June 25, 2021. Document filed by Elysium Health, Inc...(Whitney, Craig)
June 25, 2021 Opinion or Order Filing 237 DECLARATION of Brian M. Sowers in Opposition re: #199 MOTION to Preclude Expert Opinions of Brian Sowers and Colin Weir.. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit B).(Caterina, Tiffany)
June 25, 2021 Opinion or Order Filing 236 DECLARATION of Tiffany Caterina in Opposition re: #199 MOTION to Preclude Expert Opinions of Brian Sowers and Colin Weir.. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit Q, #2 Exhibit R, #3 Exhibit S, #4 Exhibit T, #5 Exhibit U).(Caterina, Tiffany)
June 25, 2021 Opinion or Order Filing 235 MEMORANDUM OF LAW in Opposition re: #199 MOTION to Preclude Expert Opinions of Brian Sowers and Colin Weir. . Document filed by Elysium Health, Inc...(Whitney, Craig)
June 25, 2021 Opinion or Order Filing 234 ***SELECTED PARTIES***DECLARATION of Joe H. Tuffaha in Support re: #231 LETTER MOTION to Seal Documents Filed with ChromaDex's Opposition to Elysium Health, Inc.'s Motion to Exclude Expert Testimonies addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated June 25, 2021.. Document filed by ChromaDex, Inc., Elysium Health, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)Motion or Order to File Under Seal: #231 .(Tuffaha, Joedat)
June 25, 2021 Opinion or Order Filing 233 ***SELECTED PARTIES***DECLARATION of Bruce Isaacson in Support re: #231 LETTER MOTION to Seal Documents Filed with ChromaDex's Opposition to Elysium Health, Inc.'s Motion to Exclude Expert Testimonies addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated June 25, 2021.. Document filed by ChromaDex, Inc., Elysium Health, Inc.. Motion or Order to File Under Seal: #231 .(Tuffaha, Joedat)
June 25, 2021 Opinion or Order Filing 232 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #207 LETTER MOTION to Seal Memorandum of Law in Support of Elysium's Daubert Motion and Exhibits A, B, G, H, I, J, L, O and P to Caterina Declaration in Support addressed to Judge Lewis J. Liman from Craig B. Whitney dated June 4, 2021. #208 . Document filed by ChromaDex, Inc., Elysium Health, Inc.. Motion or Order to File Under Seal: #231 .(Tuffaha, Joedat)
June 25, 2021 Opinion or Order Filing 231 LETTER MOTION to Seal Documents Filed with ChromaDex's Opposition to Elysium Health, Inc.'s Motion to Exclude Expert Testimonies addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated June 25, 2021. Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
June 22, 2021 Opinion or Order Filing 230 ***SELECTED PARTIES***DECLARATION of Joe H. Tuffaha [CORRECTED] in Support re: #204 MOTION for Summary Judgment or, In the Alternative, Partial Summary Judgment.. Document filed by ChromaDex, Inc., Elysium Health, Inc.. (Attachments: #1 Ex. 1, #2 Ex. 2, #3 Ex. 3, #4 Ex. 4, #5 Ex. 5, #6 Ex. 6, #7 Ex. 7, #8 Ex. 8, #9 Ex. 9, #10 Ex. 10, #11 Ex. 11, #12 Ex. 12, #13 Ex. 13, #14 Ex. 14, #15 Ex. 15, #16 Ex. 16, #17 Ex. 17, #18 Ex. 18, #19 Ex. 19, #20 Ex. 20, #21 Ex. 21, #22 Ex. 22, #23 Ex. 23, #24 Ex. 24, #25 Ex. 25, #26 Ex. 26, #27 Ex. 27, #28 Ex. 28, #29 Ex. 29, #30 Ex. 30, #31 ChromaDexs 56.1, #32 Joint 56.1)Motion or Order to File Under Seal: #202 .(Tuffaha, Joedat)
June 16, 2021 Opinion or Order Filing 229 DECLARATION of Ryan Dellinger, PhD in Support re: #203 MOTION for Summary Judgment .. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Caterina, Tiffany)
June 5, 2021 Opinion or Order Filing 228 ***SELECTED PARTIES***DECLARATION of Joe H. Tuffaha in Support re: #204 MOTION for Summary Judgment or, In the Alternative, Partial Summary Judgment.. Document filed by ChromaDex, Inc., Elysium Health, Inc.. (Attachments: #1 Ex. 1, #2 Ex. 2, #3 Ex. 3, #4 Ex. 4, #5 Ex. 5, #6 ex. 6, #7 Ex. 7(1), #8 Ex. 7(2), #9 Ex. 8, #10 Ex. 9, #11 Ex. 10, #12 Ex. 11, #13 Ex. 12, #14 ex. 13, #15 Ex. 14, #16 Ex. 15, #17 Ex. 16, #18 Ex. 17, #19 Ex. 18, #20 Ex. 19, #21 Ex. 20, #22 Ex. 21, #23 Ex. 22, #24 Ex. 23, #25 Ex. 24, #26 Ex. 25, #27 Ex. 26, #28 Ex. 27, #29 Ex. 28, #30 Ex. 29, #31 Ex. 30, #32 ChromaDex's 56.1, #33 Joint 56.1)Motion or Order to File Under Seal: #202 .(Tuffaha, Joedat)
June 5, 2021 Opinion or Order Filing 227 ***SELECTED PARTIES***DECLARATION of Mark Morris in Support re: #203 MOTION for Summary Judgment .. Document filed by Elysium Health, Inc., ChromaDex, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (Part 1), #4 Exhibit C (Part 2), #5 Exhibit D)Motion or Order to File Under Seal: #220 .(Caterina, Tiffany)
June 5, 2021 Opinion or Order Filing 226 ***SELECTED PARTIES***DECLARATION of Marguerite M. Brackley, M.D. in Support re: #203 MOTION for Summary Judgment .. Document filed by Elysium Health, Inc., ChromaDex, Inc.. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #220 .(Caterina, Tiffany)
June 5, 2021 Opinion or Order Filing 225 ***SELECTED PARTIES***DECLARATION of Dan Alminana in Support re: #203 MOTION for Summary Judgment .. Document filed by Elysium Health, Inc., ChromaDex, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Motion or Order to File Under Seal: #220 .(Caterina, Tiffany)
June 5, 2021 Opinion or Order Filing 224 ***SELECTED PARTIES***DECLARATION of Colin B. Weir in Support re: #203 MOTION for Summary Judgment .. Document filed by Elysium Health, Inc., ChromaDex, Inc.. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #220 .(Caterina, Tiffany)
June 5, 2021 Opinion or Order Filing 223 ***SELECTED PARTIES***DECLARATION of Tiffany Caterina in Support re: #203 MOTION for Summary Judgment .. Document filed by Elysium Health, Inc., ChromaDex, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit D, #4 Exhibit H (Part 1), #5 Exhibit H (Part 2), #6 Exhibit I, #7 Exhibit J, #8 Exhibit K, #9 Exhibit M, #10 Exhibit N, #11 Exhibit O, #12 Exhibit U, #13 Exhibit V, #14 Exhibit W, #15 Exhibit X, #16 Exhibit Z, #17 Exhibit AA, #18 Exhibit BB, #19 Exhibit CC, #20 Exhibit HH, #21 Exhibit II)Motion or Order to File Under Seal: #220 .(Caterina, Tiffany)
June 5, 2021 Opinion or Order Filing 222 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #203 MOTION for Summary Judgment . . Document filed by Elysium Health, Inc., ChromaDex, Inc.. Motion or Order to File Under Seal: #220 .(Whitney, Craig)
June 5, 2021 Opinion or Order Filing 221 ***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Elysium Health, Inc., ChromaDex, Inc.. Motion or Order to File Under Seal: #220 .(Whitney, Craig)
June 5, 2021 Opinion or Order Filing 220 LETTER MOTION to Seal Elysium's Rule 56.1 Statement, Memorandum of Law, and certain Declarations and Exhibits in Support of Motion for Summary Judgment addressed to Judge Lewis J. Liman from Craig B. Whitney dated June 4, 2021. Document filed by Elysium Health, Inc...(Whitney, Craig)
June 5, 2021 Opinion or Order Filing 219 DECLARATION of Mark Morris in Support re: #203 MOTION for Summary Judgment .. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Caterina, Tiffany)
June 5, 2021 Opinion or Order Filing 218 DECLARATION of Marguerite M. Brackley, M.D. in Support re: #203 MOTION for Summary Judgment .. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit A).(Caterina, Tiffany)
June 5, 2021 Opinion or Order Filing 217 DECLARATION of Dr. Leonard Guarente in Support re: #203 MOTION for Summary Judgment .. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Caterina, Tiffany)
June 5, 2021 Opinion or Order Filing 216 DECLARATION of Dan Alminana in Support re: #203 MOTION for Summary Judgment .. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Errata C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Caterina, Tiffany)
June 5, 2021 Opinion or Order Filing 215 DECLARATION of Colin B. Weir in Support re: #203 MOTION for Summary Judgment .. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit A).(Caterina, Tiffany)
June 5, 2021 Opinion or Order Filing 214 DECLARATION of Brian M. Sowers in Support re: #203 MOTION for Summary Judgment .. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit A).(Caterina, Tiffany)
June 5, 2021 Opinion or Order Filing 213 DECLARATION of Tiffany Caterina in Support re: #203 MOTION for Summary Judgment .. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (Part 1), #6 Exhibit E (Part 2), #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L (Part 1), #14 Exhibit L (Part 2), #15 Exhibit L (Part 3), #16 Exhibit L (Part 4), #17 Exhibit M, #18 Exhibit N, #19 Exhibit O, #20 Exhibit P, #21 Exhibit Q, #22 Exhibit R, #23 Exhibit S, #24 Exhibit T, #25 Exhibit U, #26 Exhibit V, #27 Exhibit W, #28 Exhibit X, #29 Exhibit Y, #30 Exhibit Z, #31 Exhibit AA, #32 Exhibit BB, #33 Exhibit CC, #34 Exhibit DD, #35 Exhibit EE, #36 Exhibit FF, #37 Exhibit GG (Part 1), #38 Exhibit GG (Part 2), #39 Exhibit GG (Part 3), #40 Exhibit GG (Part 4), #41 Exhibit GG (Part 5), #42 Exhibit GG (Part 6), #43 Exhibit GG (Part 7), #44 Exhibit GG (Part 8), #45 Exhibit GG (Part 9), #46 Exhibit GG (Part 10), #47 Exhibit HH, #48 Exhibit II).(Caterina, Tiffany)
June 5, 2021 Opinion or Order Filing 212 RULE 56.1 STATEMENT. Document filed by Elysium Health, Inc...(Whitney, Craig)
June 5, 2021 Opinion or Order Filing 211 MEMORANDUM OF LAW in Support re: #203 MOTION for Summary Judgment . . Document filed by Elysium Health, Inc...(Whitney, Craig)
June 5, 2021 Opinion or Order Filing 210 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #204 MOTION for Summary Judgment or, In the Alternative, Partial Summary Judgment. . Document filed by ChromaDex, Inc., Elysium Health, Inc.. Motion or Order to File Under Seal: #202 .(Tuffaha, Joedat)
June 5, 2021 Opinion or Order Filing 209 ***SELECTED PARTIES***DECLARATION of Tiffany Caterina in Support re: #197 MOTION in Limine .. Document filed by Elysium Health, Inc., ChromaDex, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit G, #4 Exhibit H, #5 Exhibit I, #6 Exhibit J, #7 Exhibit L, #8 Exhibit O, #9 Exhibit P)Motion or Order to File Under Seal: #207 .(Caterina, Tiffany)
June 5, 2021 Opinion or Order Filing 208 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #197 MOTION in Limine . . Document filed by Elysium Health, Inc., ChromaDex, Inc.. Motion or Order to File Under Seal: #207 .(Whitney, Craig)
June 5, 2021 Opinion or Order Filing 207 LETTER MOTION to Seal Memorandum of Law in Support of Elysium's Daubert Motion and Exhibits A, B, G, H, I, J, L, O and P to Caterina Declaration in Support addressed to Judge Lewis J. Liman from Craig B. Whitney dated June 4, 2021. Document filed by Elysium Health, Inc...(Whitney, Craig)
June 5, 2021 Opinion or Order Filing 206 DECLARATION of Brian M. Sowers in Support re: #197 MOTION in Limine .. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit A).(Caterina, Tiffany)
June 5, 2021 Opinion or Order Filing 205 DECLARATION of Tiffany Caterina in Support re: #197 MOTION in Limine .. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F (Part 1), #7 Exhibit F (Part 2), #8 Exhibit F (Part 3), #9 Exhibit F (Part 4), #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N (Part 1), #18 Exhibit N (Part 2), #19 Exhibit O, #20 Exhibit P).(Caterina, Tiffany)
June 4, 2021 Opinion or Order Filing 204 ***SELECTED PARTIES*** MOTION for Summary Judgment or, In the Alternative, Partial Summary Judgment. Document filed by ChromaDex, Inc., Elysium Health, Inc..Motion or Order to File Under Seal: #202 .(Tuffaha, Joedat)
June 4, 2021 Opinion or Order Filing 203 MOTION for Summary Judgment . Document filed by Elysium Health, Inc...(Whitney, Craig)
June 4, 2021 Opinion or Order Filing 202 LETTER MOTION to Seal Documents Filed with ChromaDex's Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated 6/4/2021. Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
June 4, 2021 Opinion or Order Filing 201 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #199 MOTION to Preclude Expert Opinions of Brian Sowers and Colin Weir. . Document filed by ChromaDex, Inc., Elysium Health, Inc.. (Attachments: #1 Affidavit of Joe Tuffaha in Support of Motion to Exclude Expert Opinions of Brian Sowers and Colin Weir, #2 Exhibit A to the Tuffaha Decl., #3 Exhibit B to the Tuffaha Decl., #4 Exhibit C to the Tuffaha Decl., #5 Exhibit D to the Tuffaha Decl., #6 Exhibit E to the Tuffaha Decl., #7 Exhibit F to the Tuffaha Decl., #8 Exhibit G to the Tuffaha Decl., #9 Exhibit H to the Tuffaha Decl., #10 Exhibit I to the Tuffaha Decl., #11 Exhibit J to the Tuffaha Decl.)Motion or Order to File Under Seal: #200 .(Tuffaha, Joedat)
June 4, 2021 Opinion or Order Filing 200 LETTER MOTION to Seal Documents Filed with ChromaDex's Motion to Exclude Expert Opinions of Brian Sowers and Colin Weir addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated June 4, 2021. Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
June 4, 2021 Opinion or Order Filing 199 MOTION to Preclude Expert Opinions of Brian Sowers and Colin Weir. Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
June 4, 2021 Opinion or Order Filing 198 MEMORANDUM OF LAW in Support re: #197 MOTION in Limine . . Document filed by Elysium Health, Inc...(Whitney, Craig)
June 4, 2021 Opinion or Order Filing 197 MOTION in Limine . Document filed by Elysium Health, Inc...(Whitney, Craig)
May 5, 2021 Opinion or Order Filing 196 MEMO ENDORSEMENT on re: #195 Letter filed by ChromaDex, Inc.. ENDORSEMENT: A responsive pleading to the Fourth Amended Counterclaims need not be made. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/5/2021) (kv)
May 4, 2021 Opinion or Order Filing 195 LETTER addressed to Judge Lewis J. Liman from Omar H. Tuffaha dated 5/4/2021 re: Elysium's Fourth Amended Counterclaims. Document filed by ChromaDex, Inc...(Tuffaha, Omar)
April 28, 2021 Opinion or Order Filing 194 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/5/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:17-cv-07394-LJL, 1:17-cv-08239-VEC.(McGuirk, Kelly)
April 28, 2021 Opinion or Order Filing 193 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/5/2021 before Judge Lewis J. Liman. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/19/2021. Redacted Transcript Deadline set for 6/1/2021. Release of Transcript Restriction set for 7/27/2021.Filed In Associated Cases: 1:17-cv-07394-LJL, 1:17-cv-08239-VEC.(McGuirk, Kelly)
April 21, 2021 Opinion or Order Filing 192 FOURTH AMENDED COUNTERCLAIM amending #141 Amended Counterclaim, against ChromaDex, Inc..Document filed by Elysium Health, Inc.. Related document: #141 Amended Counterclaim,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11).(Whitney, Craig)
April 19, 2021 Opinion or Order Filing 191 NOTICE OF APPEARANCE by Jesse Klinger on behalf of Elysium Health, Inc...(Klinger, Jesse)
April 19, 2021 Opinion or Order Filing 190 MEMO ENDORSEMENT on re: #189 Notice of withdrawal of counsel by Elysium Health, Inc. ENDORSEMENT:The Clerk of Court is respectfully directed to terminate Matthew Samet and Christina Campbell as counsel. So Ordered. Attorney Christina Campbell and Matthew Samet terminated. (Signed by Judge Lewis J. Liman on 4/19/2021) (js)
April 16, 2021 Opinion or Order Filing 189 NOTICE of Withdrawal of Matthew Samet and Christina Campbell as Counsel for Defendant and Counter-claimant Elysium Health, Inc.. Document filed by Elysium Health, Inc...(Whitney, Craig)
April 16, 2021 Opinion or Order Filing 188 ORDER denying #186 Letter Motion to Compel. The motion to compel is DENIED. The Court's Opinion and Order of January 19, 2021 was clear (as were this Court's prior Orders, see Dkt. Nos. 150, 159, 165) that the deadline for all fact discovery was February 9, 2021. See Dkt. 171. Elysium sought neither reconsideration nor clarification, and its interrogatories come months too late. The discovery deadlines after February 9, 2021 pertain to expert discovery only. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/16/2021) (va)
April 14, 2021 Opinion or Order Filing 187 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated 4/14/2021 re: #186 LETTER MOTION to Compel addressed to Judge Lewis J. Liman from Craig B. Whitney dated April 12, 2021. . Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
April 13, 2021 Opinion or Order Filing 186 LETTER MOTION to Compel addressed to Judge Lewis J. Liman from Craig B. Whitney dated April 12, 2021. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Whitney, Craig)
April 12, 2021 Opinion or Order Filing 185 MEMO ENDORSEMENT on re: #184 Letter filed by ChromaDex, Inc. ENDORSEMENT: The Court adopts the proposed schedule. The previous deadlines for the joint pretrial order and trial are VACATED. SO ORDERED. ( Motions due by 6/4/2021. Responses due by 6/25/2021. Replies due by 7/9/2021.) (Signed by Judge Lewis J. Liman on 4/12/2021) (va)
April 7, 2021 Opinion or Order Filing 184 JOINT LETTER addressed to Judge Lewis J. Liman from Omar H. Tuffaha dated 4/7/2021 re: revised proposed briefing schedule for summary judgment and Daubert motions. Document filed by ChromaDex, Inc...(Tuffaha, Omar)
April 5, 2021 Opinion or Order Filing 183 OPINION & ORDER re: #181 LETTER MOTION to Compel addressed to Judge Lewis J. Liman from Craig B. Whitney dated March 31, 2021 filed by Elysium Health, Inc. From the record before the Court, Elysium has the "facts and data" upon which Mr. Gunderson relied and that are necessary to cross-examine him at deposition. Elysium can question Mr. Gunderson about facts and data that are not on the appendix and what he therefore may have missed in forming his opinion on damages. Elysium can also question Mr. Gunderson about how he treated the facts and data upon which he relied and how those facts led him to the computations and calculations that are the basis for his opinions. It can, for example, have its own consulting expert take those same facts and data upon which Mr. Gunderson relied and determine whether alternative approaches to the facts could have led to a higher damages calculation and probe with Mr. Gunderson why he chose the methodology that he chose and not some alternative methodology. It can, of course, also question Mr. Gunderson about whether he has disclosed all of the facts and data he considered in formulating his opinions and, if he has not disclosed all such facts and data, demand their production. What Elysium cannot do is piggyback on the work product of ChromaDex and its counsel to discover from that work product what alternative methodologies Mr. Gunderson explored in his draft work, what results those methodologies might have yielded, and why Mr. Gunderson chose not to adopt those methodologies. That material does not constitute "facts or data." If Elysium is interested in the experts answers as to why he selected certain methodologies and what other methodologies he considered and did not adopt, it will have to do the work and inquire of those subjects at deposition. The motion to compel is DENIED. Dkt. No. 181. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/5/2021) (mml)
April 2, 2021 Opinion or Order Filing 182 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated 4/2/2021 re: #181 LETTER MOTION to Compel addressed to Judge Lewis J. Liman from Craig B. Whitney dated March 31, 2021. . Document filed by ChromaDex, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Tuffaha, Joedat)
March 31, 2021 Opinion or Order Filing 181 LETTER MOTION to Compel addressed to Judge Lewis J. Liman from Craig B. Whitney dated March 31, 2021. Document filed by Elysium Health, Inc...(Whitney, Craig)
March 31, 2021 Opinion or Order Filing 180 ORDER: A post-discovery status conference is scheduled for April 5, 2021 at 2:00 p.m. Parties are directed to dial into the Court's teleconference line at 888-251-2909, Access Code 2123101, and follow the necessary prompts. The Court will consider the motion schedule proposed by the parties at that time. See Dkt. No. 179. SO ORDERED. ( Telephone Conference set for 4/5/2021 at 02:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 3/31/2021) (va)
March 30, 2021 Opinion or Order Filing 179 JOINT LETTER addressed to Judge Lewis J. Liman from Omar H. Tuffaha dated 3/30/2021 re: proposed briefing schedule for summary judgment and Daubert motions. Document filed by ChromaDex, Inc...(Tuffaha, Omar)
February 23, 2021 Opinion or Order Filing 178 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting #177 Motion to Withdraw as Attorney. The motion of Kaplan Hecker & Fink LLP to withdraw as counsel for Elysium Health, Inc., in the above-captioned action is granted. IT IS HEREBY ORDERED that Roberta A. Kaplan (rkaplan@kaplanhecker.com), Sean Hecker (shecker@kaplanhecker.com), John C. Quinn (jquinn@kaplanhecker.com), Gabrielle E. Tenzer (gtenzer@kaplanheckler.com), and David Shieh (dshieh@kaplanhecker.com) of Kaplan Hecker & Fink LLP are hereby withdrawn and discharged as counsel for Elysium Health, Inc. in this case. SO ORDERED. Attorney John Charles Quinn; David Shieh; Gabrielle Tenzer; Sean Hecker and Roberta Ann Kaplan terminated. (Signed by Judge Lewis J. Liman on 2/23/2021) (va)
February 22, 2021 Opinion or Order Filing 177 MOTION for Roberta A. Kaplan, Sean Hecker, John C. Quinn, Gabrielle E. Tenzer and David Shieh to Withdraw as Attorney . Document filed by Elysium Health, Inc.. (Attachments: #1 Declaration of John C. Quinn in support of Motion, #2 Proposed Order).(Kaplan, Roberta)
February 16, 2021 Opinion or Order Filing 176 NOTICE OF APPEARANCE by Matthew Samet on behalf of Elysium Health, Inc...(Samet, Matthew)
January 22, 2021 Opinion or Order Filing 175 NOTICE OF APPEARANCE by Nicole Bergstrom on behalf of Elysium Health, Inc...(Bergstrom, Nicole)
January 22, 2021 Opinion or Order Filing 174 NOTICE OF APPEARANCE by Kimberly M. Maynard on behalf of Elysium Health, Inc...(Maynard, Kimberly)
January 21, 2021 Opinion or Order Filing 173 ORDER granting #172 Motion for Christina Campbell to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mg) Transmission to Attorney Services/Help Desk.
January 20, 2021 Opinion or Order Filing 172 MOTION for Christina Campbell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23602317. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elysium Health, Inc.. (Attachments: #1 Affidavit of Christina Campbell, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Campbell, Christina)
January 20, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #172 MOTION for Christina Campbell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23602317. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
January 19, 2021 Opinion or Order Filing 171 OPINION AND ORDER: re: #166 MOTION for Leave to File Supplemented and Fourth Amended Counterclaims filed by Elysium Health, Inc. The Clerk of Court is respectfully directed to close Dkt. No. 166, which is GRANTED IN PART and DENIED IN PART. The Clerk of Court is also directed to close Dkt. No. 157, which no longer remains pending. (Signed by Judge Lewis J. Liman on 1/19/2021) (ama)
January 4, 2021 Opinion or Order Filing 170 REPLY MEMORANDUM OF LAW in Support re: #166 MOTION for Leave to File Supplemented and Fourth Amended Counterclaims . . Document filed by Elysium Health, Inc...(Kaplan, Roberta)
December 28, 2020 Opinion or Order Filing 169 MEMORANDUM OF LAW in Opposition re: #166 MOTION for Leave to File Supplemented and Fourth Amended Counterclaims . . Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
December 14, 2020 Opinion or Order Filing 168 DECLARATION of John C. Quinn in Support re: #166 MOTION for Leave to File Supplemented and Fourth Amended Counterclaims .. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit A (Proposed Supplemented and Fourth Amended Counterclaims), #2 Exhibit B (Redline Comparison to Third Amended Counterclaims), #3 Exhibit 1 to Exhibit A, #4 Exhibit 2 to Exhibit A, #5 Exhibit 3 to Exhibit A, #6 Exhibit 4 to Exhibit A, #7 Exhibit 5 to Exhibit A, #8 Exhibit 6 to Exhibit A, #9 Exhibit 7 to Exhibit A, #10 Exhibit 8 to Exhibit A, #11 Exhibit 9 to Exhibit A, #12 Exhibit 10 to Exhibit A, #13 Exhibit 11 to Exhibit A, #14 Exhibit 12 to Exhibit A, #15 Exhibit 13 to Exhibit A, #16 Exhibit 14 to Exhibit A, #17 Exhibit 15 to Exhibit A, #18 Exhibit 16 to Exhibit A, #19 Exhibit 17 to Exhibit A, #20 Exhibit 18 to Exhibit A, #21 Exhibit 19 to Exhibit A, #22 Exhibit 20 to Exhibit A, #23 Exhibit 21 to Exhibit A, #24 Exhibit 22 to Exhibit A, #25 Exhibit 23 to Exhibit A, #26 Exhibit 24 to Exhibit A, #27 Exhibit 25 to Exhibit A, #28 Exhibit 26 to Exhibit A, #29 Exhibit 27 to Exhibit A).(Quinn, John)
December 14, 2020 Opinion or Order Filing 167 MEMORANDUM OF LAW in Support re: #166 MOTION for Leave to File Supplemented and Fourth Amended Counterclaims . . Document filed by Elysium Health, Inc...(Kaplan, Roberta)
December 14, 2020 Opinion or Order Filing 166 MOTION for Leave to File Supplemented and Fourth Amended Counterclaims . Document filed by Elysium Health, Inc...(Kaplan, Roberta)
November 16, 2020 Opinion or Order Filing 165 ORDER granting #164 Letter Motion for Extension of Time. GRANTED. The parties shall be ready for trial on 48 hours' notice by August 9, 2021. SO ORDERED. Deposition due by 4/23/2021. Discovery due by 4/23/2021. Pretrial Order due by 6/22/2021. Ready for Trial by 8/9/2021. (Signed by Judge Lewis J. Liman on 11/16/2020) (va)
November 13, 2020 Opinion or Order Filing 164 JOINT LETTER MOTION for Extension of Time of case management deadlines addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated 11/13/2020. Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
October 26, 2020 Opinion or Order Filing 163 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/21/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
October 26, 2020 Opinion or Order Filing 162 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/21/2020 before Judge Lewis J. Liman. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/16/2020. Redacted Transcript Deadline set for 11/27/2020. Release of Transcript Restriction set for 1/24/2021..(McGuirk, Kelly)
October 21, 2020 Opinion or Order Minute Entry for proceedings held before Judge Lewis J. Liman: Status Conference held on 10/21/2020 by Telephone Conference. Tiffany Caterina, Craig Whitney, and John Quinn present by telephone for Elysium Health, Inc. Joe Tuffaha, Omar Tuffaha, and Prashanth Chennakesavan present by telephone for ChromaDex, Inc. Court reporter present by telephone. (mf)
September 15, 2020 Opinion or Order Filing 161 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/20/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
September 15, 2020 Opinion or Order Filing 160 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/20/2020 before Judge Lewis J. Liman. Court Reporter/Transcriber: George Malinowski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/6/2020. Redacted Transcript Deadline set for 10/16/2020. Release of Transcript Restriction set for 12/14/2020..(McGuirk, Kelly)
August 21, 2020 Opinion or Order Filing 159 ORDER granting #158 Letter Motion for Extension of Time. SO ORDERED. Deposition due by 2/22/2021. Discovery due by 2/22/2021. Pretrial Order due by 4/23/2021. (Signed by Judge Lewis J. Liman on 8/21/2020) (va)
August 20, 2020 Opinion or Order Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 8/20/2020. Craig Whitney, John Quinn, and Tiffany Caterina present by telephone for Elysium Health, Inc. Joe Tuffaha, Omar Tuffaha, and Prashanth Chennakesavan present by telephone for ChromaDex, Inc. Court reporter present by telephone. Fact discovery extended by 60 days and all other subsequent deadlines extended by 60 days. Parties to submit a revised case management plan with the necessary adjustments to the deadlines by August 24, 2020 at 5:00PM. Counsel for Chromadex directed to order a copy of the transcript of the telephone conference. (mf)
August 20, 2020 Opinion or Order Filing 158 LETTER MOTION for Extension of Time of case management deadlines addressed to Judge Lewis J. Liman from Omar H. Tuffaha dated 8/20/2020. Document filed by ChromaDex, Inc...(Tuffaha, Omar)
August 13, 2020 Opinion or Order Filing 157 LETTER MOTION for Discovery (without redaction) addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated 8/10/2020. Document filed by ChromaDex, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N (redacted)).(Tuffaha, Joedat)
August 13, 2020 Opinion or Order Filing 156 ORDER: denying #152 Letter Motion for Discovery; granting #153 Letter Motion to Seal. The Court is in receipt of Plaintiff's letter motion for discovery and Defendant's opposition letter. Dkt. Nos. 152, 155. A telephonic conference is hereby scheduled for August 20, 2020 at 9:30 a.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and to follow the necessary prompts. Plaintiff has also moved to redact the letter motion requesting discovery as well as Exhibit N, which was marked confidential by a third party. Defendant takes no position as to these designations. The motion to seal is GRANTED with respect to redaction of Exhibit N, Dkt. No. 152-14, but DENIED with respect to the redaction of the letter motion for discovery, Dkt. No. 152. Plaintiff is directed to publicly file the letter motion without redaction. The Clerk of Court is respectfully directed to close Dkt. No. 153. (Signed by Judge Lewis J. Liman on 8/13/2020) (ama)
August 13, 2020 Opinion or Order Set/Reset Hearings: Telephone Conference set for 8/20/2020 at 09:30 AM before Judge Lewis J. Liman. (ama)
August 12, 2020 Opinion or Order Filing 155 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis J. Liman from Craig B. Whitney dated August 12, 2020 re: #152 LETTER MOTION for Discovery addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated 8/10/2020. . Document filed by Elysium Health, Inc...(Caterina, Tiffany)
August 10, 2020 Opinion or Order Filing 154 ***SELECTED PARTIES***REDACTION to #152 LETTER MOTION for Discovery addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated 8/10/2020. (Proposed redactions highlighted per #153 ) by ChromaDex, Inc., Elysium Health, Inc. (Attachments: #1 Exhibit N to #152 Letter Motion for Discovery with proposed redactions highlighted)Motion or Order to File Under Seal: #153 .(Tuffaha, Joedat)
August 10, 2020 Opinion or Order Filing 153 LETTER MOTION to Seal addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated 8/10/2020. Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
August 10, 2020 Opinion or Order Filing 152 LETTER MOTION for Discovery addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated 8/10/2020. Document filed by ChromaDex, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N).(Tuffaha, Joedat)
August 3, 2020 Opinion or Order Filing 151 NOTICE OF APPEARANCE by John Charles Quinn on behalf of Elysium Health, Inc...(Quinn, John)
June 26, 2020 Opinion or Order Filing 150 ORDER granting in part and denying in part #149 Letter Motion for Extension of Time. GRANTED IN PART, DENIED IN PART. The deadlines are extended as follows: fact discovery to October 11, 2020; initial expert disclosures to October 25, 2020; rebuttal expert disclosures to November 25, 2020; completion of expert depositions to December 20, 2020; and completion of all discovery to December 20, 2020. The deadline to submit the joint pretrial order is extended to February 23, 2021. The status conference on October 21, 2020 at 10:00 a.m. will proceed as scheduled. There will be no further extensions. The parties do not explain why depositions cannot be completed remotely or how many depositions remain in the case. See Furry Puppet Studio Inc. v. Fall Out Boy, No. 19-cv-2345 (S.D.N.Y. Feb. 24, 2021), Dkt. No. 91. The parties have asked for several extensions of the discovery deadlines since they first submitted the case management plan in March 2019, which contemplated the completion of discovery by December 2019. See Dkt. Nos. 77, 92, 95, 130, 148. SO ORDERED. Expert Deposition due by 12/20/2020. Discovery due by 12/20/2020. Pretrial Order due by 2/23/2021.. (Signed by Judge Lewis J. Liman on 6/26/2020) (mml)
June 26, 2020 Opinion or Order Set/Reset Deadlines: (Fact Discovery due by 10/11/2020.) (mml)
June 23, 2020 Opinion or Order Filing 149 JOINT LETTER MOTION for Extension of Time of case management deadlines addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated 6/23/2020. Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
March 23, 2020 Opinion or Order Filing 148 ORDER granting #146 Letter Motion for Extension of Time. The Court grants the deadlines proposed by the parties. A status conference is scheduled for October 21, 2020 at 10:00 a.m. SO ORDERED. Deposition due by 10/20/2020. Discovery due by 10/20/2020. Pretrial Order due by 12/23/2020. (Signed by Judge Lewis J. Liman on 3/23/2020) (va)
March 23, 2020 Opinion or Order Filing 147 ORDER: It is hereby: ORDERED, pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), that all depositions in this action may be taken via telephone, videoconference, or other remote means, and may be recorded by any reliable audio or audiovisual means. This Order does not dispense with the requirements set forth in Fed. R. Civ. P. 30(b)(5), including the requirement that, unless the parties stipulate otherwise, the deposition be "conducted before an officer appointed or designated under Rule 28," and that the deponent be placed under oath by that officer. For avoidance of doubt, a deposition will be deemed to have been conducted "before" an officer so long as that officer attends the deposition via the same remote means (e.g., telephone conference call or video conference) used to connect all other remote participants, and so long as all participants (including the officer) can clearly hear and be heard by all other participants. Nothing in this Order prevents the parties from seeking to further modify the pretrial schedule in this action in light of the COVID-19 pandemic (or for any other good cause). Prior to seeking such relief, the parties must, as always, attempt to meet and confer (via remote means) in a good faith effort to reach agreement on how best to fulfill the goals of Rule 1 while avoiding unnecessary health risks. (Signed by Judge Lewis J. Liman on 3/23/2020) (rro)
March 23, 2020 Opinion or Order Set/Reset Hearings: Status Conference set for 10/21/2020 at 10:00 AM before Judge Lewis J. Liman. (va)
March 20, 2020 Opinion or Order Filing 146 JOINT LETTER MOTION for Extension of Time in light of the COVID-19 outbreak addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated 3/20/2020. Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
March 13, 2020 Opinion or Order Filing 145 ANSWER to #141 Amended Counterclaim,. Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
March 12, 2020 Opinion or Order Filing 144 ANSWER to #139 Amended Complaint,,,,,,, with JURY DEMAND. Document filed by Elysium Health, Inc...(Whitney, Craig)
March 11, 2020 Opinion or Order Filing 143 ORDER: On February 14, 2020 the Court issued an order (Docket #127 ) denying Plaintiff's Motion to Seal Documents (Docket #106 ). It is hereby ordered that the clerk of court unseal document numbers 108 to 112, as per order of the Court. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/10/2020) (va)
February 28, 2020 Opinion or Order Filing 142 JOINT LETTER addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated 2/28/2020 re: the status of the case, pursuant to the Court's 2/14/2020 Order (ECF No. 128). Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
February 28, 2020 Opinion or Order Filing 141 THIRD AMENDED COUNTERCLAIM amending #89 Answer to Amended Complaint, Counterclaim,,,, against ChromaDex, Inc..Document filed by Elysium Health, Inc.. Related document: #89 Answer to Amended Complaint, Counterclaim,,,,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10).(Whitney, Craig)
February 27, 2020 Opinion or Order Filing 140 NOTICE OF APPEARANCE by Omar Hani Tuffaha on behalf of ChromaDex, Inc...(Tuffaha, Omar)
February 27, 2020 Opinion or Order Filing 139 SECOND AMENDED COMPLAINT amending #80 Amended Complaint,,,,,, against Elysium Health, Inc. with JURY DEMAND.Document filed by ChromaDex, Inc.. Related document: #80 Amended Complaint,,,,,,. (Attachments: #1 Exhibit A - 2015-11-03 HHS Letter, #2 Exhibit B - GRAS No Objection Letter, #3 Exhibit C - Basis Nutrition Label - NR & PT, #4 Exhibit D - Elysium Homepage, #5 Exhibit E - New 101, #6 Exhibit F - Elysium Basis CLAD Article, #7 Exhibit G - Elysium Basis Page, #8 Exhibit H - Allure Article, #9 Exhibit I - Social Media Posts, #10 Exhibit J - Retraction Watch re Guarente, #11 Exhibit K - Elysium Health Website re Mission, #12 Exhibit L - Endpoints Post, #13 Exhibit M Elysium Health Website Try Basis, #14 Exhibit N - Clinical Research & Product Development, #15 Exhibit O - Press Release Mayo License Agreement, #16 Exhibit P - Marcotulli Interview - CEOCFO Magazine, #17 Exhibit Q - Elysium Health Website re Scientific Advisory Board, #18 Exhibit R - Testimonial re Basis - Pamela Olin, #19 Exhibit S - Testimonial re Basis - Suzy Oo, #20 Exhibit T - Testimonial re Basis - Tom Flynn, #21 Exhibit U - Sirtuin Science 101, #22 Exhibit V - Good Housekeeping Elysium Health, #23 Exhibit W - Press Release Elysium Health, #24 Exhibit X - The Anti-Aging Pill - MIT Technology Review, #25 Exhibit Y - Elysium - Synergistic Effect, #26 Exhibit Z - Product - Common Questions - Elysium Health, #27 Exhibit AA - Nutritional Outlook Article, #28 Exhibit BB - Elysium Study re LDL-C, #29 Exhibit CC - Press Release - Basis is NSF Intl Certified for Sport, #30 Exhibit DD - 99U Article, #31 Exhibit EE- Marcotulli Interview - The Proof, #32 Exhibit FF Science 101 - What is Pterostilbene?, #33 Exhibit GG - Marcotulli Interview - Tech Crunch, #34 Exhibit HH Testimonial re Basis Sarah S.).(Tuffaha, Joedat)
February 25, 2020 Opinion or Order Filing 138 ORDER granting #121 Motion for Leave to File Document. The motion to file Third Amended Counterclaims is GRANTED on consent. The Clerk of Court is directed to close Dkt. No. 121. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/25/2020) (va)
February 25, 2020 Opinion or Order Filing 137 ORDER granting #117 Motion for Leave to File Document. The motion to file a Second Amended Complaint is GRANTED on consent. The Clerk of Court is directed to close Dkt. No. 117. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/25/2020) (va)
February 25, 2020 Opinion or Order Filing 136 JOINT LETTER addressed to Judge Lewis J. Liman from Joe H. Tuffaha dated 2/25/2020 re: the parties' mutual non-objection to the respective motions for leave to file amended pleadings (ECF Nos. 117 & 121). Document filed by ChromaDex, Inc...(Tuffaha, Joedat)
February 20, 2020 Opinion or Order Filing 135 STIPULATION AND ORDER REGARDING DISCOVERY OF ESI: The Parties hereby stipulate and agree, through their undersigned counsel, to the following terms and conditions that they contemplate will govern the production of Documents and ESI, and further stipulate, agree, and request that the Court enter an order (hereafter "Stipulated Order" or "Order") consistent with the terms of this stipulation. (as further set forth herein). FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. (Signed by Judge Lewis J. Liman on 2/20/2020) (kv)
February 20, 2020 Opinion or Order Filing 134 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. (Signed by Judge Lewis J. Liman on 2/20/2020) (kv)
February 20, 2020 Opinion or Order Filing 133 PROPOSED PROTECTIVE ORDER. Document filed by Elysium Health, Inc...(Whitney, Craig)
February 18, 2020 Opinion or Order Filing 132 PROPOSED PROTECTIVE ORDER. Document filed by Elysium Health, Inc...(Whitney, Craig)
February 18, 2020 Opinion or Order Filing 131 PROPOSED STIPULATION AND ORDER. Document filed by Elysium Health, Inc...(Whitney, Craig)
February 14, 2020 Opinion or Order Filing 130 ORDER denying #129 Letter Motion for Conference. The request for an extension of the deadlines in the scheduling order is DENIED. The request for a conference to address an extension to these deadlines is DENIED as moot. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mg)
February 14, 2020 Opinion or Order Filing 129 LETTER MOTION for Conference to address a proposal for a four-month extension of the current scheduling order addressed to Judge Lewis J. Liman from Craig B. Whitney dated February 14, 2020. Document filed by Elysium Health, Inc...(Whitney, Craig)
February 14, 2020 Opinion or Order Filing 128 ORDER: It is hereby: ORDERED that the parties shall submit a joint letter to the Court updating the Court on the status of the case no later than February 28, 2020. Unless otherwise notified by the Court, all deadlines contained in any Scheduling Order or Case Management Plan will remain in effect notwithstanding the case's transfer. However, any previously scheduled conference is hereby ADJOURNED pending further notice from the Court. (Signed by Judge Lewis J. Liman on 2/14/2020) (va)
February 14, 2020 Opinion or Order Filing 127 ORDER denying #106 Motion to Seal Document. APPLICATION DENIED. The affidavits submitted by counsel do not contain any particulars of the reason for the reason for the withdrawal such that their disclosure would fail to preserved the confidentiality of the attorney-client relationship. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/14/2020) (va)
February 14, 2020 Opinion or Order Filing 126 ORDER GRANTING MOTION TO WITHDRAW AS CO-COUNSEL granting #104 Motion to Withdraw as Attorney. SO ORDERED. Attorney David Hillel Kupfer; Alan Levine; Anthony M Stiegler; Peter J. Willsey; Laura Grossfield Birger and Thomas M Hadid terminated. (Signed by Judge Lewis J. Liman on 2/14/2020) (va) Modified on 2/19/2020 (va).
February 14, 2020 Opinion or Order Filing 125 ORDER GRANTING WITHDRAWAL OF APPEARANCES OF JOSEPH N. SACCA, BENJAMIN D. PERGAMENT, TRACY L. COLE, ESTERINA GIULIANI, AND KRISTIN L. KERANEN granting #103 Motion to Withdraw as Attorney. SO ORDERED. Attorney Kristin Lynne Keranen; Benjamin David Pergament; Joseph N. Sacca; Tracy Lynn Cole and Esterina Giuliani terminated. (Signed by Judge Lewis J. Liman on 2/14/2020) (va)
February 13, 2020 Opinion or Order Filing 124 ORDER granting #120 Motion for Tiffany R. Caterina to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mg) Transmission to Attorney Services/Help Desk.
February 11, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #120 MOTION for Tiffany R. Caterina to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18753251. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 10, 2020 Opinion or Order Filing 123 MEMORANDUM OF LAW in Support re: #121 MOTION for Leave to File Third Amended Counterclaims . . Document filed by Elysium Health, Inc...(Whitney, Craig)
February 10, 2020 Opinion or Order Filing 122 DECLARATION of Craig B. Whitney in Support re: #121 MOTION for Leave to File Third Amended Counterclaims .. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit A--Propose Third Amended Counterclaims, #2 Exhibit 1 (to TAC), #3 Exhibit 2 (to TAC), #4 Exhibit 3 (to TAC), #5 Exhibit 4 (to TAC), #6 Exhibit 5 (to TAC), #7 Exhibit 6 (to TAC), #8 Exhibit 7 (to TAC), #9 Exhibit 8 (to TAC), #10 Exhibit 9 (to TAC), #11 Exhibit 10 (to TAC), #12 Exhibit B--Redline of Third Amended Counterclaims).(Whitney, Craig)
February 10, 2020 Opinion or Order Filing 121 MOTION for Leave to File Third Amended Counterclaims . Document filed by Elysium Health, Inc...(Whitney, Craig)
February 10, 2020 Opinion or Order Filing 120 MOTION for Tiffany R. Caterina to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18753251. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Elysium Health, Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order).(Caterina, Tiffany)
February 9, 2020 Opinion or Order Filing 119 DECLARATION of Prashanth Chennakesavan in Support re: #117 MOTION for Leave to File Second Amended Complaint .. Document filed by ChromaDex, Inc.. (Attachments: #1 Exhibit Redline of Proposed Second Amended Complaint, #2 Exhibit Proposed Second Amended Complaint, #3 Exhibit Ex. A, #4 Exhibit Ex. B, #5 Exhibit Ex. C, #6 Exhibit Ex. D, #7 Exhibit Ex. E, #8 Exhibit Ex. F, #9 Exhibit Ex. G, #10 Exhibit Ex. H, #11 Exhibit Ex. I, #12 Exhibit Ex. J, #13 Exhibit Ex. K, #14 Exhibit Ex. L, #15 Exhibit Ex. M, #16 Exhibit Ex. N, #17 Exhibit Ex. O, #18 Exhibit Ex. P, #19 Exhibit Ex. Q, #20 Exhibit Ex. R, #21 Exhibit Ex S, #22 Exhibit Ex. T, #23 Exhibit Ex. U, #24 Exhibit Ex. V, #25 Exhibit Ex. W, #26 Exhibit Ex. X, #27 Exhibit Ex. Y, #28 Exhibit Ex. Z, #29 Exhibit Ex. AA, #30 Exhibit Ex. BB, #31 Exhibit Ex. CC, #32 Exhibit Ex. DD, #33 Exhibit Ex. EE, #34 Exhibit Ex. FF, #35 Exhibit Ex. GG, #36 Exhibit Ex. HH).(Chennakesavan, Prashanth)
February 9, 2020 Opinion or Order Filing 118 MEMORANDUM OF LAW in Support re: #117 MOTION for Leave to File Second Amended Complaint . . Document filed by ChromaDex, Inc...(Chennakesavan, Prashanth)
February 9, 2020 Opinion or Order Filing 117 MOTION for Leave to File Second Amended Complaint . Document filed by ChromaDex, Inc...(Chennakesavan, Prashanth)
February 6, 2020 Opinion or Order Filing 116 NOTICE OF APPEARANCE by David Shieh on behalf of Elysium Health, Inc...(Shieh, David)
February 6, 2020 Opinion or Order Filing 115 NOTICE OF APPEARANCE by Gabrielle Tenzer on behalf of Elysium Health, Inc...(Tenzer, Gabrielle)
February 6, 2020 Opinion or Order Filing 114 NOTICE OF APPEARANCE by Roberta Ann Kaplan on behalf of Elysium Health, Inc...(Kaplan, Roberta)
February 4, 2020 Opinion or Order Filing 113 AFFIDAVIT OF SERVICE of Notice of Motion to Withdraw, Affidavits of Joseph N. Sacca, Benjamin D. Pergament, Tracy L. Cole, Esterina Giuliani, Kristin L. Keranen and Proposed Order on February 4, 2020. Document filed by Elysium Health, Inc...(Sacca, Joseph)
February 4, 2020 Opinion or Order Filing 112 ***EX-PARTE***AFFIDAVIT of Kristin L. Keranen in Support re: #103 MOTION for Joseph N. Sacca, Benjamin D. Pergament, Tracy L. Cole, Esterina Giuliani and Kristin L. Keranen to Withdraw as Attorney .. Document filed by Elysium Health, Inc.. Motion or Order to File Under Seal: #106 .(Sacca, Joseph)
February 4, 2020 Opinion or Order Filing 111 ***EX-PARTE***AFFIDAVIT of Esterina Giuliani in Support re: #103 MOTION for Joseph N. Sacca, Benjamin D. Pergament, Tracy L. Cole, Esterina Giuliani and Kristin L. Keranen to Withdraw as Attorney .. Document filed by Elysium Health, Inc.. Motion or Order to File Under Seal: #106 .(Sacca, Joseph)
February 4, 2020 Opinion or Order Filing 110 ***EX-PARTE***AFFIDAVIT of Tracy L. Cole in Support re: #103 MOTION for Joseph N. Sacca, Benjamin D. Pergament, Tracy L. Cole, Esterina Giuliani and Kristin L. Keranen to Withdraw as Attorney .. Document filed by Elysium Health, Inc.. Motion or Order to File Under Seal: #106 .(Sacca, Joseph)
February 4, 2020 Opinion or Order Filing 109 ***EX-PARTE***AFFIDAVIT of Benjamin D. Pergament in Support re: #103 MOTION for Joseph N. Sacca, Benjamin D. Pergament, Tracy L. Cole, Esterina Giuliani and Kristin L. Keranen to Withdraw as Attorney .. Document filed by Elysium Health, Inc.. Motion or Order to File Under Seal: #106 .(Sacca, Joseph)
February 4, 2020 Opinion or Order Filing 108 ***EX-PARTE***AFFIDAVIT of Joseph N. Sacca in Support re: #103 MOTION for Joseph N. Sacca, Benjamin D. Pergament, Tracy L. Cole, Esterina Giuliani and Kristin L. Keranen to Withdraw as Attorney .. Document filed by Elysium Health, Inc.. Motion or Order to File Under Seal: #106 .(Sacca, Joseph)
February 4, 2020 Opinion or Order Filing 107 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by ChromaDex, Inc.. Related Document Number: #104 . (Levine, Alan)
February 4, 2020 Opinion or Order Filing 106 LETTER MOTION to Seal Document (Affidavits of Joseph N. Sacca, Benjamin D. Pergament, Tracy L. Cole, Esterina Giuliani and Kristin L. Keranen in Support of Motion to Withdraw as Attorneys) addressed to Judge Lewis J. Liman from Joseph N. Sacca dated February 4, 2020. Document filed by Elysium Health, Inc...(Sacca, Joseph)
February 4, 2020 Opinion or Order Filing 105 AFFIDAVIT of David Hillel Kupfer in Support re: #104 MOTION for Alan Levine, Anthony M. Stiegler, David Hillel Kupfer, Laura Grossfield Birger, Peter J. Willsey, and Thomas M. Hadid to Withdraw as Attorney .. Document filed by ChromaDex, Inc...(Levine, Alan)
February 4, 2020 Opinion or Order Filing 104 MOTION for Alan Levine, Anthony M. Stiegler, David Hillel Kupfer, Laura Grossfield Birger, Peter J. Willsey, and Thomas M. Hadid to Withdraw as Attorney . Document filed by ChromaDex, Inc...(Levine, Alan)
February 4, 2020 Opinion or Order Filing 103 MOTION for Joseph N. Sacca, Benjamin D. Pergament, Tracy L. Cole, Esterina Giuliani and Kristin L. Keranen to Withdraw as Attorney . Document filed by Elysium Health, Inc.. (Attachments: #1 Text of Proposed Order).(Sacca, Joseph)
February 4, 2020 Opinion or Order Filing 102 ORDER: I have received a letter (Docket #101) from Sean Hecker, Esq., the Kaplan Hecker & Fink law firm, indicating that the firm is coming into this case as counsel for Elysium. The letter was sent to alert me to the fact that a partner in that firm, Roberta Kaplan, would be appearing for Elysium in an action pending in the Central District of California but would not be appearing in this action, because of our close personal relationship. As Mr. Hecker noted, I do not routinely recuse my self from Kaplan Hecker matters I have no relationship with that firm, which was formed many years after I took the bench. But I do routinely recuse myself from matters on which two Kaplan Hecker lawyers (Ms. Kaplan and one of my former law clerks, Kyla Magun) are working. If plaintiff believes that Ms. Kaplan's participation in the California action a separate but not entirely unrelated lawsuit -- creates a problem for my continued oversight of this New York lawsuit, counsel has until the end of the week to weigh in. (Signed by Judge Colleen McMahon on 2/3/2020) (mml)
February 4, 2020 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Colleen McMahon is no longer assigned to the case..(wb)
January 29, 2020 Opinion or Order Filing 101 LETTER addressed to Judge Colleen McMahon from Sean Hecker dated January 29, 2020 re: Representation of Elysium Health, Inc.. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit A)(Hecker, Sean)
January 29, 2020 Opinion or Order Filing 100 NOTICE OF APPEARANCE by Sean Hecker on behalf of Elysium Health, Inc.. (Hecker, Sean)
January 29, 2020 Opinion or Order Filing 99 NOTICE OF APPEARANCE by Craig Brian Whitney on behalf of Elysium Health, Inc.. (Whitney, Craig)
January 10, 2020 Opinion or Order Filing 98 NOTICE OF APPEARANCE by Prashanth Chennakesavan on behalf of ChromaDex, Inc.. (Chennakesavan, Prashanth)
January 10, 2020 Opinion or Order Filing 97 NOTICE OF APPEARANCE by Joedat H Tuffaha on behalf of ChromaDex, Inc.. (Tuffaha, Joedat)
October 17, 2019 Opinion or Order Filing 96 NOTICE OF APPEARANCE by Tracy Lynn Cole on behalf of Elysium Health, Inc.. (Cole, Tracy)
October 15, 2019 Opinion or Order Filing 95 MEMO ENDORSEMENT on re: #94 Letter, filed by Elysium Health, Inc. ENDORSEMENT: Thanks for the update. I pushed back dates by six months in August. I will not grant ANY further extensions. Be guided accordingly. (Signed by Judge Colleen McMahon on 10/15/2019) (mml)
October 11, 2019 Opinion or Order Filing 94 LETTER addressed to Judge Colleen McMahon from Kristin L. Keranen dated October 11, 2019 re: New Trial Date in the California Action. Document filed by Elysium Health, Inc.. (Attachments: #1 Order re: Motion for Summary Judgment, Motions in Limine and Trial)(Keranen, Kristin)
September 18, 2019 Opinion or Order Filing 93 JOINT LETTER addressed to Judge Colleen McMahon from Kristin L. Keranen and David H. Kupfer dated September 18, 2019 re: Advising the Court of the New Trial Date in the California Action. Document filed by Elysium Health, Inc.. (Attachments: #1 Judge Carney's Order)(Keranen, Kristin)
August 22, 2019 Opinion or Order Filing 92 ORDER terminating #91 Letter Motion for Extension of Time. This case is already 2 years old. I will not adjourn sine die. I will push back all deadlines by 6 months, assuming the California trial actually happens. Keep me posted. If the California case settles I want to know it. If the trial date moves I want to know it. (Signed by Judge Colleen McMahon on 8/21/2019) (mml)
August 21, 2019 Opinion or Order Filing 91 LETTER MOTION for Extension of Time and adjournment of the deadlines ordered by the Court in the parties' Case Management Plan addressed to Judge Colleen McMahon from Alan Levine dated August 21, 2019. Document filed by ChromaDex, Inc.. (Attachments: #1 Exhibit A - Civil Case Management Plan)(Levine, Alan)
July 24, 2019 Opinion or Order Filing 90 Objection re: #89 Answer to Amended Complaint, Counterclaim,,,, . Document filed by ChromaDex, Inc.. (Levine, Alan)
July 1, 2019 Opinion or Order Filing 89 ANSWER to #80 Amended Complaint,,,,,, with JURY DEMAND., COUNTERCLAIM against Elysium Health, Inc.. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit 1-TruNiagen FAQS incl. FDA Rigorous Testing, #2 Exhibit 2-TruNiagen FDA Testing, #3 Exhibit 3-Unauthorized NR, #4 Exhibit 4-Niagen - World's First and Only FDA-Safety Reviewed Form of NR, #5 Exhibit 5-Letter from FDA CFSAN to Spherix Consulting, Inc., #6 Exhibit 6-Letter from FDA CFSAN to ChromaDex, Inc., #7 Exhibit 7-FDA GRAS Response Letter)(Sacca, Joseph)
July 1, 2019 Opinion or Order Filing 88 MEMO ENDORSEMENT on #87 NOTICE of No Opposition to Elysium Health, Inc.'s Motion for Leave to File Its Proposed Answer and Second Amended Counterclaims granting #84 Letter Motion for Leave to File Document. ENDORSEMENT: Motion to File Answer and Second Amended Counterclaims is granted on consent. The Clerk of Court is respectfully directed to close Dkt. No. 84. (Signed by Judge Colleen McMahon on 7/1/2019) (mml)
June 24, 2019 Opinion or Order Filing 87 NOTICE of No Opposition to Elysium Health, Inc.'s Motion for Leave to File Its Proposed Answer and Second Amended Counterclaims re: #84 MOTION for Leave to File Proposed Answer and Second Amended Counterclaims .. Document filed by ChromaDex, Inc.. (Levine, Alan)
June 10, 2019 Opinion or Order Filing 86 DECLARATION of Esterina Giuliani in Support re: #84 MOTION for Leave to File Proposed Answer and Second Amended Counterclaims .. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit A - Proposed Second Amended Counterclaims, #2 Exhibit B - Redline of Proposed Second Amended Counterclaims)(Giuliani, Esterina)
June 10, 2019 Opinion or Order Filing 85 MEMORANDUM OF LAW in Support re: #84 MOTION for Leave to File Proposed Answer and Second Amended Counterclaims . . Document filed by Elysium Health, Inc.. (Giuliani, Esterina)
June 10, 2019 Opinion or Order Filing 84 MOTION for Leave to File Proposed Answer and Second Amended Counterclaims . Document filed by Elysium Health, Inc..(Giuliani, Esterina)
April 24, 2019 Opinion or Order Filing 83 Objection re: #82 Answer to Amended Complaint, Counterclaim,,,, . Document filed by ChromaDex, Inc.. (Levine, Alan)
April 11, 2019 Opinion or Order Minute Entry for proceedings held before Judge Colleen McMahon: Decision: Status Conference with attorneys held on 4/11/2019. Submitted by Eric Silverberg. (mde)
April 10, 2019 Opinion or Order Filing 82 ANSWER to #80 Amended Complaint,,,,,, with JURY DEMAND., COUNTERCLAIM against ChromaDex, Inc.. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit 1 - TruNiagen FAQS incl. FDA rigorous testing, #2 Exhibit 2 - TruNiagen FDA testing, #3 Exhibit 3 - Unauthorized NR, #4 Exhibit 4 - Niagen - World's First and Only FDA-Safety Reviewed Form, #5 Exhibit 5 - Letter_from_FDA_CFSAN_to_Spherix_Consulting,_Inc_regarding_N, #6 Exhibit 6 - Letter_from_FDA_CFSAN_to_ChromaDex,_Inc_regarding_NDI_1062, #7 Exhibit 7 - FDA GRAS Response Letter)(Sacca, Joseph)
March 29, 2019 Opinion or Order Filing 81 JOINT LETTER addressed to Judge Colleen McMahon from Joseph N. Sacca dated March 29, 2019 re: Summary of California Action. Document filed by Elysium Health, Inc..(Sacca, Joseph)
March 27, 2019 Opinion or Order Filing 80 FIRST AMENDED COMPLAINT amending #1 Complaint against Elysium Health, Inc. with JURY DEMAND.Document filed by ChromaDex, Inc.. Related document: #1 Complaint. (Attachments: #1 Exhibit A - 2015-11-03 Department of Health and Human Services Letter, #2 Exhibit B - GRAS No Objection Letter, #3 Exhibit C - Basis Nutrition Label - Nicotinamide Riboside & Pterostilbene, #4 Exhibit D - Elysium Homepage, #5 Exhibit E - New 101, #6 Exhibit F - Elysium Basis CLAD Article, #7 Exhibit G - Elysium Basis Page, #8 Exhibit H - Allure Article, #9 Exhibit I - Social Media Posts, #10 Exhibit J - Retraction Watch re Guarente, #11 Exhibit K - Elysium Health Website re Mission, #12 Exhibit L- 2017-06-06 Endpoints Post, #13 Exhibit M - New 202, #14 Exhibit N - Clinical Research & Product Development - Elysium Health, #15 Exhibit O - Press Release Mayo License Agreement, #16 Exhibit P - Eric Marcotulli Interview - Elysium Health, #17 Exhibit Q - Elysium Health Website re Scientific Advisory Board, #18 Exhibit R - Testimonial re Basis - Pamela Olin, #19 Exhibit S - Testimonial re Basis - Suzy Oo, #20 Exhibit T - Testimonial re Basis - Tom Flynn, #21 Exhibit U - Elysium Sirtuin Science 101, #22 Exhibit V - Good Housekeeping Elysium Health, #23 Exhibit W - Press Release Elysium Health, #24 Exhibit X - The Anti-Aging Pill - MIT Technology Review, #25 Exhibit Y - Elysium - Synergistic Effect, #26 Exhibit Z - Product - Common Questions - Elysium Health, #27 Exhibit AA - Nutritional Outlook Article, #28 Exhibit BB - Elysium Study re LDL-C, #29 Exhibit CC - Press Release - Basis is NSF International Certified for Sport)(Levine, Alan)
March 25, 2019 Opinion or Order Filing 79 MEMO ENDORSEMENT on #78 Notice of Opposition granting #73 Motion to Amend/Correct. ENDORSEMENT: Motion to file amended complaint granted on consent. The Court needs an immediate summary of what has happened in the California case, including all discovery taken therein. Please get it to me this week - then appear for conference on April 11, 2019 at 10:30AM. (Signed by Judge Colleen McMahon on 3/25/2019) (mml)
March 25, 2019 Opinion or Order Set/Reset Hearings: Status Conference set for 4/11/2019 at 10:30 AM before Judge Colleen McMahon. (mml)
March 22, 2019 Opinion or Order Filing 78 NOTICE of No Opposition to ChromaDex, Inc.'s Motion to Amend its Complaint re: #73 MOTION to Amend/Correct Complaint.. Document filed by Elysium Health, Inc.. (Sacca, Joseph)
March 21, 2019 Opinion or Order Filing 77 CIVIL CASE MANAGEMENT PLAN (FOR ALL CASES EXCEPT THOSE EXEMPT PER INDIVIDUAL RULES): This case is to be tried to a jury. Discovery pursuant to Fed. R. Civ. P. 26(a), and initial discovery requests, shall be exchanged by 3/19/2019. Amended Pleadings due by 8/9/2019. Joinder of Parties due by 8/9/2019. Document discovery to be completed by 8/23/2019. Fact Depositions to be completed by 10/11/2019. Expert Deposition due by 12/20/2019. Expert Discovery due by 12/20/2019. Discovery due by 12/20/2019. Pretrial Order due by 2/28/2020. The parties may at any time consent to have this case tried before the assigned Magistrate Judge pursuant to 28 U.S.C. 636(c). (Signed by Judge Colleen McMahon on 3/21/2019) (mml)
March 20, 2019 Opinion or Order Filing 76 PROPOSED CASE MANAGEMENT PLAN. Document filed by ChromaDex, Inc.. (Attachments: #1 Text of Proposed Order) (Levine, Alan)
March 8, 2019 Opinion or Order Filing 75 DECLARATION of David Kupfer, in Support re: #73 MOTION to Amend/Correct Complaint.. Document filed by ChromaDex, Inc.. (Attachments: #1 Exhibit 1 - [Proposed] First Amended Complaint, #2 Exhibit A - 2015-11-03 Department of Health and Human Services Letter, #3 Exhibit B - GRAS No Objection Letter, #4 Exhibit C - Basis Nutrition Label - Nicotinamide Riboside & Pterostilbene, #5 Exhibit D - Elysium Homepage, #6 Exhibit E - New 101, #7 Exhibit F - Elysium Basis CLAD Article, #8 Exhibit G - Elysium Basis Page, #9 Exhibit H - Allure Article, #10 Exhibit I - Social Media Posts, #11 Exhibit J - Retraction Watch re Guarente, #12 Exhibit K - Elysium Health Website re Mission, #13 Exhibit L- 2017-06-06 Endpoints Post, #14 Exhibit M - New 202, #15 Exhibit N - Clinical Research & Product Development _ Elysium Health, #16 Exhibit O - Press Release Mayo License Agreement, #17 Exhibit P - Eric Marcotulli Interview - Elysium Health, #18 Exhibit Q - Elysium Health Website re Scientific Advisory Board, #19 Exhibit R - Testimonial re Basis - Pamela Olin, #20 Exhibit S - Testimonial re Basis - Suzy Oo, #21 Exhibit T - Testimonial re Basis - Tom Flynn, #22 Exhibit U - Elysium Sirtuin Science 101, #23 Exhibit V - Good Housekeeping Elysium Health, #24 Exhibit W - Press Release Elysium Health, #25 Exhibit X - The Anti-Aging Pill - MIT Technology Review, #26 Exhibit Y - Elysium - Synergistic Effect, #27 Exhibit Z - Product - Common Questions _ Elysium Health, #28 Exhibit AA - Nutritional Outlook Article, #29 Exhibit BB - Elysium Study re LDL-C, #30 Exhibit CC - Press Release - Basis is NSF International Certified for Sport)(Levine, Alan)
March 8, 2019 Opinion or Order Filing 74 MEMORANDUM OF LAW in Support re: #73 MOTION to Amend/Correct Complaint. . Document filed by ChromaDex, Inc.. (Levine, Alan)
March 8, 2019 Opinion or Order Filing 73 MOTION to Amend/Correct Complaint. Document filed by ChromaDex, Inc..(Levine, Alan)
February 8, 2019 Opinion or Order Filing 72 MEMO ENDORSEMENT on re: #70 Letter filed by Elysium Health, Inc. ENDORSEMENT: I agree with you, Mr. Sacca. You are correct; had I read the order I would have so interpreted it. It changes nothing, however, about the fact that the discovery you now say you needed was not relevant to the issue to be decided. And I am sorry for having dragged Judge Caproni into this. Addendum withdrawn. (Signed by Judge Colleen McMahon on 2/8/2019) (mml)
February 8, 2019 Opinion or Order Filing 71 CLERK'S AMENDED JUDGMENT re: #69 Order in favor of ChromaDex, Inc. against Elysium Health, Inc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Amended Decision and Order dated February 7, 2019, CMDX's Motion for Summary Judgment is GRANTED. The Clerk of Court was directed to close CMDX's motion to dismiss at Dkt. No. 19 when the motion to dismiss was denied in part and the Noerr-Pennington issue was converted to a motion for summary judgment. Unfortunately, the Court neglected to tell the Clerk to assign a new motion number to the converted motion and judgment is entered granting the Defendant's converted motion for summary judgment. (Signed by Clerk of Court Ruby Krajick on 2/8/2019) (Attachments: #1 Right to Appeal)(km)
February 7, 2019 Opinion or Order Filing 70 LETTER addressed to Judge Colleen McMahon from Joseph N. Sacca dated February 7, 2019 re: Court's 2/7/19 Addendum to Decision and Order. Document filed by Elysium Health, Inc..(Sacca, Joseph)
February 7, 2019 Opinion or Order Filing 69 AMENDED DECISION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT: Based on the foregoing, CMDX's Motion for Summary Judgment is GRANTED. The Clerk of Court was directed to close CMDX's motion to dismiss at Dkt. No. 19 when the motion to dismiss was denied in part and the Noerr-Pennington issue was converted to a motion for summary judgment. Unfortunately, the Court neglected to tell the Clerk to assign a new motion number to the converted motion. The Clerk is hereby directed to reopen the motion at Dkt. No. 19, and to enter an order granting the Defendant's converted motion for summary judgment. (Signed by Judge Colleen McMahon on 2/7/2019) (mml) Transmission to Orders and Judgments Clerk for processing.
February 7, 2019 Opinion or Order Filing 68 ADDENDUM TO DECISION AND ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION: Judge Caproni has advised the Court this morning that, pursuant to the usual practice in her courtroom, the stay of discovery in this matter automatically terminated on January 18, 2018 once the mediator issued a final report stating that the parties were not able to agree to a settlement. Accordingly, the notion that the Court prevented Plaintiff from taking discovery in this action is not accurate. Elysium was operating under a mistake of fact - a mistake for which it has only itself to blame, since nothing stopped it from seeking clarification from Judge Caproni as to whether the stay of discovery continued to operate. (Signed by Chief Judge Colleen McMahon on 2/7/2019) (mml)
February 6, 2019 Opinion or Order Filing 67 DECISION AND ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION denying #65 Motion for Reconsideration. Presently before the Court is Elysium's motion for reconsideration of that order, pursuant to Fed. R. Civ. P. 59(e). (As further set forth in this Order.) Because Plaintiff has failed to meet the standard for reconsideration, its motion is denied. The Clerk of Court is respectfully directed to remove Dkt. No. 65 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 2/6/2019) (cf)
January 17, 2019 Opinion or Order Filing 66 MEMORANDUM OF LAW in Support re: #65 MOTION for Reconsideration re; #63 Order on Motion to Dismiss,,, . . Document filed by Elysium Health, Inc.. (Sacca, Joseph)
January 17, 2019 Opinion or Order Filing 65 MOTION for Reconsideration re; #63 Order on Motion to Dismiss,,, . Document filed by Elysium Health, Inc..(Sacca, Joseph)
January 4, 2019 Opinion or Order Filing 64 CLERK'S JUDGMENT re: #63 Order on Motion to Dismiss in favor of ChromaDex, Inc. against Elysium Health, Inc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Decision and Order dated January 3, 2019, CMDX's Motion for Summary Judgment is GRANTED. The Clerk of Court was directed to close CMDX's motion to dismiss at Dkt. No. 19 when the motion to dismiss was denied in part and the Noerr-Pennington issue was converted to a motion for summary judgment. Unfortunately, the Court neglected to tell the Clerk to assign a new motion number to the converted motion and judgment is entered granting the Defendant's converted motion for summary judgment. (Signed by Clerk of Court Ruby Krajick on 1/4/2019) (Attachments: #1 Right to Appeal)(km)
January 3, 2019 Opinion or Order Filing 63 DECISION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT granting #19 Motion to Dismiss. Based on the foregoing, CMDX's Motion for Summary Judgment is GRANTED. The Clerk of Court was directed to close CMDX's motion to dismiss at Dkt. No. 19 when the motion to dismiss was denied in part and the Noerr-Pennington issue was converted to a motion for summary judgment. Unfortunately, the Court neglected to tell the Clerk to assign a new motion number to the converted motion. The Clerk is hereby directed to reopen the motion at Dkt. No. 19, and to enter an order granting the Defendant's converted motion for summary judgment. (Signed by Chief Judge Colleen McMahon on 1/3/2019) (mml) Transmission to Orders and Judgments Clerk for processing.
November 20, 2018 Opinion or Order Filing 62 DECLARATION of Troy Rhonemus in Support re: #44 Order on Motion to Dismiss,,,,,,,,, #61 Order on Motion for Leave to File Document. Document filed by ChromaDex, Inc.. (Attachments: #1 Exhibit 01 - Pterostilbene 00016996-1031, #2 Exhibit 02 - Pterostilbene 00016996-3031, #3 Exhibit 03 - Pterostilbene 00016996-4061, #4 Exhibit 04 - Pterostilbene 00016996-5061, #5 Exhibit 05 - Pterostilbene 00016996-6061, #6 Exhibit 06 - Pterostilbene 00016996-7061, #7 Exhibit 07 - Pterostilbene 00016996-8101, #8 Exhibit 08 - Pterostilbene 00016996-9101, #9 Exhibit 09 - Pterostilbene 00016996-1011, #10 Exhibit 10 - Pterostilbene 00016996-1111, #11 Exhibit 11 - Pterostilbene 00016996-0201, #12 Exhibit 12 - Pterostilbene 00016996-0101, #13 Exhibit 13 - Pterostilbene 00016996-0302, #14 Exhibit 14 - Pterostilbene 00016996-0402, #15 Exhibit 15 - Pterostilbene 00016996-0502, #16 Exhibit 16 - Pterostilbene 00016996-0603, #17 Exhibit 17 - Pterostilbene 00016996-0803, #18 Exhibit 18 - Pterostilbene 00016996-1006, #19 Exhibit 19 - Pterostilbene 00016996-1206)(Levine, Alan)
November 16, 2018 Opinion or Order Filing 61 ORDER granting #59 Letter Motion for Leave to File Document. Ok. (Signed by Judge Colleen McMahon on 11/16/2018) (mml)
November 15, 2018 Opinion or Order Filing 60 LETTER RESPONSE to Motion addressed to Judge Colleen McMahon from Joseph N. Sacca dated November 15, 2018 re: #59 LETTER MOTION for Leave to File Declaration and Accompanying Exhibits addressed to Judge Colleen McMahon from Alan Levine dated November 13, 2018. . Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit A - Certificate of Analysis)(Sacca, Joseph)
November 13, 2018 Opinion or Order Filing 59 LETTER MOTION for Leave to File Declaration and Accompanying Exhibits addressed to Judge Colleen McMahon from Alan Levine dated November 13, 2018. Document filed by ChromaDex, Inc.. (Attachments: #1 Exhibit A - Proposed Declaration and Exhibits)(Levine, Alan)
November 8, 2018 Opinion or Order Filing 58 MEMO ENDORSEMENT on re: #57 Letter filed by Elysium Health, Inc. Attorney Michael Mary Powell terminated.ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Colleen McMahon on 11/8/2018) (kv)
November 8, 2018 Opinion or Order Filing 57 LETTER addressed to Judge Colleen McMahon from Michael M. Powell dated November 8, 2018 re: Withdrawal of Counsel. Document filed by Elysium Health, Inc..(Powell, Michael)
November 2, 2018 Opinion or Order Filing 56 RESPONSE re: #45 Response,, ChromaDex Inc.'s Answer to Elysium Health, Inc's Counterclaims. Document filed by ChromaDex, Inc.. (Levine, Alan)
October 30, 2018 Opinion or Order Filing 55 MEMO ENDORSEMENT on re: #54 Letter filed by Elysium Health, Inc. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 10/30/2018) (jca)
October 30, 2018 Opinion or Order Filing 54 LETTER addressed to Judge Colleen McMahon from Esterina Giuliani dated October 30, 2018 re: PACER NextGen Service Interruption. Document filed by Elysium Health, Inc..(Sacca, Joseph)
October 30, 2018 Opinion or Order Filing 53 DECLARATION of Joseph N. Sacca in Opposition re: #44 Order on Motion to Dismiss,,,,,,,,, #50 Declaration in Support, #51 Declaration in Support,,,, #49 Memorandum of Law in Support. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit 1 - ChromaDex, Inc.s Citizen Petition to FDA dated August 18, 2017, #2 Exhibit 2 - ChromaDexs pTeroPure Certificate of Analysis dated May 4, 2015, #3 Exhibit 3 - ChromaDexs pTeroPure Certificate of Analysis dated August 9, 2013, #4 Exhibit 4 - pTeroPure Supply Agreement Between Elysium Health and ChromaDex, dated June 26, 2014, #5 Exhibit 5 - ChromaDex pTeroPure information Page, #6 Exhibit 6 - Screenshot ChromaDex Press Release on BluScience dated May 17, 2012, #7 Exhibit 7 - Screenshot of BlScience Website Home Page Last Visited Oct. 25, 2018, #8 Exhibit 8 - Screenshot of BlScience Website FAQ Last Visited Oct. 25, 2018, #9 Exhibit 9 - Excerpts of ChromaDex's GRAS Submission dated March 8, 2016, #10 Exhibit 10 - Excerpts of ChromaDex's Niagen NDIN Submission dated August 20, 2015, #11 Exhibit 11 - Screenshot of TruNiagen Website Home Page Last Visited Oct. 29, 2018, #12 Exhibit 12- Screenshot of ChromaDex Press Release on Niagen dated May 29, 2013, #13 Exhibit 13 - Niagen Supply Agreement Between Elysium Health and ChromaDex, #14 Exhibit 14 - Screenshot of TruNiagen Product Listing on ChromaDexs Website, #15 Exhibit 15 - FDA Letter to Wood, Herron & Evans dated February 28, 2017, #16 Exhibit 16 - FDA Letter to Fluoride Action Network dated November 29, 2016, #17 Exhibit 17 - FDA Letter to King & Spalding dated July 19, 2010, #18 Exhibit 18 - FDA Letter to The Pharmaceutical Security Institute, Inc. dated March 2, 2012, #19 Exhibit 19 - Wood, Herron, and Evans LLPs Citizen Petition to FDA dated October 6, 2016, #20 Exhibit 20 - Elysium Health, Inc.s First Set of Requests for Production to Defendant ChromaDex, Inc., #21 Exhibit 21 - Elysium Health, Inc.s First Set of Interrogatories to Defendant ChromaDex, Inc.)(Sacca, Joseph)
October 30, 2018 Opinion or Order Filing 52 MEMORANDUM OF LAW in Opposition re: #51 Declaration in Support,,,, #44 Order on Motion to Dismiss,,,,,,,,, #50 Declaration in Support, #49 Memorandum of Law in Support Elysium's Memorandum of Law in Opposition to Defendant's Moton for Summary Judgment. Document filed by Elysium Health, Inc.. (Sacca, Joseph)
October 29, 2018 Opinion or Order Filing 51 DECLARATION of Troy Rhonemus in Support re: #44 Order on Motion to Dismiss,,,,,,,,, #49 Memorandum of Law in Support. Document filed by ChromaDex, Inc.. (Attachments: #1 Exhibit A- 2016 NDIN Draft Guidance, #2 Exhibit B- Letter From FDA, #3 Exhibit C- 12-27-17 Second NDIN, #4 Exhibit D- 3-7-18 NDI 1062 AKL Niagen, #5 Exhibit E- [Part 1] CMDX GRAS, #6 Exhibit E- [Part 2] CMDX GRAS, #7 Exhibit F- 8-3-16 GRAS No Objection letter for Niagen, #8 Exhibit G- ChromaDex pTeroPure pterostilbene GRAS dossier, #9 Exhibit H- ICH Guidelines, #10 Exhibit I- CDC Public Health Statement, #11 Exhibit J- All COAs - ptero sold to ELY, #12 Exhibit K- Citizen Petition, #13 Exhibit L- Basis Supplement Facts, #14 Exhibit M- Acknowledgment Letter from FDA, #15 Exhibit N- Foley Hoag-Elysium Response to Citizen Petition, #16 Exhibit O- Regulations.gov CP Comments, #17 Exhibit P- Supplemental Citizen Petition, #18 Exhibit Q- Comment from Elysium, #19 Exhibit R- Interim Response Letter)(Levine, Alan)
October 29, 2018 Opinion or Order Filing 50 DECLARATION of Robert A. Dormer in Support re: #44 Order on Motion to Dismiss,,,,,,,,, #49 Memorandum of Law in Support. Document filed by ChromaDex, Inc.. (Attachments: #1 Exhibit A - Resume)(Levine, Alan)
October 29, 2018 Opinion or Order Filing 49 MEMORANDUM OF LAW in Support re: #44 Order on Motion to Dismiss,,,,,,,,, Memorandum of Law of Chromadex, Inc. in Support of Motion for Summary Judgment. Document filed by ChromaDex, Inc.. (Levine, Alan)
October 23, 2018 Opinion or Order Filing 48 NOTICE OF APPEARANCE by Laura Grossfield Birger on behalf of ChromaDex, Inc.. (Birger, Laura)
October 16, 2018 Opinion or Order Filing 47 MEMO ENDORSEMENT on re: #46 Letter filed by ChromaDex, Inc. ENDORSEMENT: Fine. (Signed by Judge Colleen McMahon on 10/16/2018) (mml)
October 15, 2018 Opinion or Order Filing 46 LETTER addressed to Judge Colleen McMahon from Laura Grossfield Birger dated October 15, 2018 re: Court's Decision and Order Dated September 27, 2018. Document filed by ChromaDex, Inc..(Birger, Laura)
October 12, 2018 Opinion or Order Filing 45 RESPONSE /Elysium Health Inc.'s Answer and Counterclaims to ChromaDex Inc.'s Complaint. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit 1 - Tru Niagen Website Page - FAQ, #2 Exhibit 2 - Tru Niagen Website Page The Product, #3 Exhibit 3 - Tru Niagen Website Page Unauthorized NR, #4 Exhibit 4 - ChromaDex Website Page Niagen, #5 Exhibit 5 - 2015-11-03 U.S. FDA Letter re NDI 882, #6 Exhibit 6 - 2018-03-07 U.S. FDA Letter re NDI 1062, #7 Exhibit 7 - 2017-08-03 U.S. FDA Letter re GRAS Notice No. GRN 000635)(Sacca, Joseph)
September 27, 2018 Opinion or Order Filing 44 DECISION AND ORDER DENYING IN PART DEFENDANT'S MOTION TO DISMISS THE COMPLAINT, CONVERTING THE NOERR-PENNINGTON MOTION TO A MOTION FOR SUMMARY JUDGMENT AND SETTING A SCHEDULE FOR THE SUBMISSION OF ADDITIONAL EVIDENCE; AND GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO DISMISS THE COUNTERCLAIMS granting in part and denying in part #31 Motion to Dismiss; granting in part and denying in part #19 Motion to Dismiss. For the foregoing reasons, CMDX's Motion to Dismiss is DENIED in part. The Court is converting CMDX's Motion to Dismiss on Noerr-Pennington grounds to a motion for summary judgment. The parties have thirty days to submit any and all evidence that may bear on the objective baselessness of CMDX's Citizen Petition - which would include, but is not limited to the evidence referred to in Paragraph 65 of Elysium's Complaint - at which time the court will take up the Noerr-Pennington challenge again. Elysium's Motion to Dismiss CMDX's Counterclaim's is GRANTED in part and DENIED in part. The Clerk of Court is directed to remove the motions at ECF numbers 19 and 31 from the Court's list of open motions. (Signed by Judge Colleen McMahon on 9/27/2018) (mml)
September 26, 2018 Opinion or Order Filing 43 NOTICE OF APPEARANCE by Esterina Giuliani on behalf of Elysium Health, Inc.. (Giuliani, Esterina)
September 25, 2018 Opinion or Order Filing 42 NOTICE OF APPEARANCE by Benjamin David Pergament on behalf of Elysium Health, Inc.. (Pergament, Benjamin)
September 25, 2018 Opinion or Order Filing 41 NOTICE OF APPEARANCE by Kristin Lynne Keranen on behalf of Elysium Health, Inc.. (Keranen, Kristin)
September 25, 2018 Opinion or Order Filing 40 NOTICE OF CHANGE OF ADDRESS by Joseph N. Sacca on behalf of Elysium Health, Inc.. New Address: Baker & Hostetler LLP, 45 Rockefeller Plaza, New York, New York, 10111, 212-589-4200. (Sacca, Joseph)
May 23, 2018 Opinion or Order Filing 39 ENDORSED LETTER addressed to ALL COUNSEL IN: Elysium Health Inc., v. ChromaDex, Inc., 17 Civ. 7394 (CM) from Chief Judge McMahon dated 5/23/2018 re: Reassignment. ENDORSEMENT: So ordered. (Signed by Judge Colleen McMahon on 5/23/2018) (ne)
May 23, 2018 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Valerie E. Caproni is no longer assigned to the case. (jc)
January 24, 2018 Opinion or Order Filing 38 LETTER addressed to Judge Valerie E. Caproni from Joseph N. Sacca dated January 24, 2018 re: Response to Defendant ChromaDex, Inc.'s January 19, 2018 Letter. Document filed by Elysium Health, Inc..(Sacca, Joseph)
January 19, 2018 Opinion or Order Filing 37 LETTER addressed to Judge Valerie E. Caproni from Anthony M. Stiegler dated January 19, 2018 re: Supplemental Citizen Petition. Document filed by ChromaDex, Inc.. (Attachments: #1 Exhibit A - ChromaDex, Inc.'s Supplemental Citizen Petition)(Stiegler, Anthony)
January 18, 2018 Opinion or Order Mediator Session Held on 1/12/2018 at Mediator's Office.(mf)
December 11, 2017 Opinion or Order MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 1/12/2018, 9:30AM at the Offices of the Mediator.(mf)
December 7, 2017 Opinion or Order Filing 35 REPLY MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss Chromadex, Inc.'s Complaint. . Document filed by Elysium Health, Inc.. (Sacca, Joseph)
November 30, 2017 Opinion or Order Filing 34 MEMORANDUM OF LAW in Opposition re: #31 MOTION to Dismiss Chromadex, Inc.'s Complaint. . Document filed by ChromaDex, Inc.. (Stiegler, Anthony)
November 16, 2017 Opinion or Order Filing 33 DECLARATION of Joseph N. Sacca in Support re: #31 MOTION to Dismiss Chromadex, Inc.'s Complaint.. Document filed by Elysium Health, Inc.. (Attachments: #1 Exhibit A (Part 1), #2 Exhibit A (Part 2), #3 Exhibit A (Part 3), #4 Exhibit B, #5 Exhibit C (Part 1), #6 Exhibit C (Part 2), #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H)(Sacca, Joseph)
November 16, 2017 Opinion or Order Filing 32 MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss Chromadex, Inc.'s Complaint. . Document filed by Elysium Health, Inc.. (Sacca, Joseph)
November 16, 2017 Opinion or Order Filing 31 MOTION to Dismiss Chromadex, Inc.'s Complaint. Document filed by Elysium Health, Inc..(Sacca, Joseph)
November 14, 2017 Opinion or Order NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 12/14/2017.(cda)
November 9, 2017 Opinion or Order Filing 30 REPLY MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss . . Document filed by ChromaDex, Inc.. (Stiegler, Anthony)
November 9, 2017 Opinion or Order Filing 29 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 11/3/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
November 9, 2017 Opinion or Order Filing 28 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/3/2017 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/30/2017. Redacted Transcript Deadline set for 12/11/2017. Release of Transcript Restriction set for 2/7/2018.(McGuirk, Kelly)
November 3, 2017 Opinion or Order Filing 27 ORDER. IT IS HEREBY ORDERED that the two cases are CONSOLIDATED FOR ALL PURPOSES. IT IS FURTHER ORDERED that 17-CV-8239 is CLOSED. IT IS FURTHER ORDERED that the caption in this matter be changed to In re Elysium Health-Chromadex Litigation, with the caption as specified in this Order. IT IS FURTHER ORDERED that the parties file all prospective filings under 17-CV-7394 with the caption above. IT IS FURTHER ORDERED that, for the reasons stated at the conference, all discovery in this matter is STAYED pending the resolution of any motions to dismiss. IT IS FURTHER ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The parties are directed to notify the Court no later than one week after the conclusion of all mediation in this case. The Court specifically requests a mediator with expertise in sophisticated corporate disputes be assigned. So ordered. (Mediator to be Assigned by 11/13/2017. Mediator Expertise Request due by 11/8/2017). (Signed by Judge Valerie E. Caproni on 11/3/2017). Filed In Associated Cases: 1:17-cv-07394-VEC, 1:17-cv-08239-VEC. (rjm)
November 3, 2017 Opinion or Order Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 11/3/2017. Order to follow. (Court Reporter Thomas Murray) (Brantley, Michael)
November 2, 2017 Opinion or Order Filing 26 MEMORANDUM OF LAW in Opposition re: #19 MOTION to Dismiss . . Document filed by Elysium Health, Inc.. (Sacca, Joseph)
November 2, 2017 Opinion or Order Filing 25 NOTICE OF APPEARANCE by Michael Mary Powell on behalf of Elysium Health, Inc.. (Powell, Michael)
October 31, 2017 Opinion or Order Filing 24 JOINT LETTER addressed to Judge Valerie E. Caproni from Joseph N. Sacca and Alan Levine dated October 31, 2017 re: Civil Case Management Plan and Scheduling Order. Document filed by Elysium Health, Inc.. (Attachments: #1 Proposed Civil Case Management Plan and Scheduling Order)(Sacca, Joseph)
October 27, 2017 Opinion or Order Filing 23 ORDER: WHEREAS a conference in this matter is scheduled for November 3, 2017; WHEREAS Defendant filed a complaint in a related case, Chromadex, Inc. v. Elysium Health, Inc., 17-cv-8239; and WHEREAS that case has been assigned to the Undersigned; IT IS HEREBY ORDERED that the parties re-file their joint preconference letter by October 31, 2017, and that the parties address in that letter whether the two related actions now before the Undersigned should be consolidated. (Signed by Judge Valerie E. Caproni on 10/27/2017) (mro)
October 26, 2017 Opinion or Order Filing 22 JOINT LETTER addressed to Judge Valerie E. Caproni from Joseph N. Sacca and Alan Levine dated October 26, 2017 re: Civil Case Management Plan and Scheduling Order. Document filed by Elysium Health, Inc.. (Attachments: #1 Proposed Civil Case Management Plan And Scheduling Order)(Sacca, Joseph)
October 26, 2017 Opinion or Order Filing 21 DECLARATION of David Kupfer in Support re: #19 MOTION to Dismiss .. Document filed by ChromaDex, Inc.. (Attachments: #1 Exhibit A - Citizen Petition to FDA, #2 Exhibit B - 2017-08-21 Letter from FDA, #3 Exhibit C - 2017-09-22 Elysium's Submission, #4 Exhibit D - Attachments to Elysium's 9-22-17 Submission, #5 Exhibit E - FDA's Public Health Statement on Toluene, #6 Exhibit F - Office of the Inspector General Repor, #7 Exhibit G - Four Letters from FDA to Parties, #8 Exhibit H - Two letters from FDA to Partie)(Kupfer, David)
October 26, 2017 Opinion or Order Filing 20 MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss . . Document filed by ChromaDex, Inc.. (Stiegler, Anthony)
October 26, 2017 Opinion or Order Filing 19 MOTION to Dismiss . Document filed by ChromaDex, Inc.. Responses due by 11/2/2017(Stiegler, Anthony)
October 26, 2017 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Anthony M Stiegler to RE-FILE Document #14 MOTION to Dismiss . ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db)
October 20, 2017 Opinion or Order Filing 18 ORDER FOR ADMISSION PRO HAC VICE granting #10 Motion for Peter J. Willsey to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 10/20/2017) (kgo)
October 20, 2017 Opinion or Order Filing 17 ORDER FOR ADMISSION PRO HAC VICE granting #9 Motion for Anthony M. Stiegler to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 10/20/2017) (kgo)
October 20, 2017 Opinion or Order Filing 16 ORDER FOR ADMISSION PRO HAC VICE granting #11 Motion for Thomas M. Hadid to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 10/20/2017) (kgo)
October 20, 2017 Opinion or Order Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ChromaDex Corporation for ChromaDex, Inc.. Document filed by ChromaDex, Inc..(Stiegler, Anthony)
October 20, 2017 Opinion or Order Pro Hac Vice Fee Paid electronically via Pay.gov: for #10 MOTION for Peter J. Willsey to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00. Pay.gov receipt number 0208-14265899, paid on 10/19/2017. (wb)
October 20, 2017 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Peter J. Willsey to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #9 MOTION for Anthony M. Stiegler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14265890. Motion and supporting papers to be reviewed by Clerk's Office staff., #11 MOTION for Thomas M. Hadid to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14265912. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 20, 2017 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Anthony M Stiegler to RE-FILE Document #12 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
October 19, 2017 Opinion or Order Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by ChromaDex, Inc.. Responses due by 11/2/2017 (Attachments: #1 Memorandum of Law ISO Motion to Dismiss, #2 Declaration of D. Kupfer ISO Motion to Dismiss, #3 Exhibit A to Declaration of David Kupfer, #4 Exhibit B to Declaration of David Kupfer, #5 Exhibit C to Declaration of David Kupfer, #6 Exhibit D to Declaration of David Kupfer, #7 Exhibit E to Declaration of David Kupfer, #8 Exhibit F to Declaration of David Kupfer, #9 Exhibit G to Declaration of David Kupfer, #10 Exhibit H to Declaration of David Kupfer)(Stiegler, Anthony) Modified on 10/26/2017 (db).
October 19, 2017 Opinion or Order Filing 13 NOTICE OF APPEARANCE by David Hillel Kupfer on behalf of ChromaDex, Inc.. (Kupfer, David)
October 19, 2017 Opinion or Order Filing 12 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ChromaDex, Inc..(Stiegler, Anthony) Modified on 10/20/2017 (lb).
October 19, 2017 Opinion or Order Filing 11 MOTION for Thomas M. Hadid to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14265912. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ChromaDex, Inc.. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Hadid, Thomas)
October 19, 2017 Opinion or Order Filing 10 MOTION for Peter J. Willsey to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ChromaDex, Inc.. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Willsey, Peter)
October 19, 2017 Opinion or Order Filing 9 MOTION for Anthony M. Stiegler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14265890. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ChromaDex, Inc.. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Stiegler, Anthony)
October 19, 2017 Opinion or Order Filing 8 NOTICE OF APPEARANCE by Alan Levine on behalf of ChromaDex, Inc.. (Levine, Alan)
October 6, 2017 Opinion or Order Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. ChromaDex, Inc. served on 9/28/2017, answer due 10/19/2017. Service was accepted by Erica Martinez, Human Resources Assistant. Document filed by Elysium Health, Inc.. (Sacca, Joseph)
October 3, 2017 Opinion or Order Filing 6 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/3/2017 at 10:00 AM in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 10/3/2017) (mro)
September 28, 2017 Opinion or Order Filing 5 ELECTRONIC SUMMONS ISSUED as to ChromaDex, Inc. (vf)
September 28, 2017 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joseph N. Sacca. The following case opening statistical information was erroneously selected/entered: Cause of Action code Blank. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1125. (vf)
September 28, 2017 Opinion or Order Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (vf)
September 28, 2017 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (vf)
September 28, 2017 Opinion or Order Case Designated ECF. (vf)
September 27, 2017 Opinion or Order Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Elysium Health, Inc..(Sacca, Joseph)
September 27, 2017 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to ChromaDex, Inc., re: #1 Complaint. Document filed by Elysium Health, Inc.. (Sacca, Joseph)
September 27, 2017 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Sacca, Joseph)
September 27, 2017 Opinion or Order Filing 1 COMPLAINT against ChromaDex, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-14178666)Document filed by Elysium Health, Inc..(Sacca, Joseph)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: In re: Elysium Health-Chromadex Litigation
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: Elysium Health, Inc.
Represented By: Joseph N. Sacca
Represented By: Gabrielle Tenzer
Represented By: Michael Mary Powell
Represented By: Tiffany Caterina
Represented By: Craig Brian Whitney
Represented By: Esterina Giuliani
Represented By: Roberta Ann Kaplan
Represented By: David Shieh
Represented By: Benjamin David Pergament
Represented By: Tracy Lynn Cole
Represented By: Kristin Lynne Keranen
Represented By: Sean Hecker
Represented By: John Charles Quinn
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: ChromaDex, Inc.
Represented By: Prashanth Chennakesavan
Represented By: Omar Hani Tuffaha
Represented By: Peter J. Willsey
Represented By: Alan Levine
Represented By: Joedat H Tuffaha
Represented By: Anthony M Stiegler
Represented By: Laura Grossfield Birger
Represented By: David Hillel Kupfer
Represented By: Thomas M Hadid
Represented By: Kate Elizabeth Cassidy
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?